Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 37 CC NI ACT 1969/2026
MEGH SECURITIES PRIVATE LIMITED Vs. SUMANTA BISWAS
(Model Town)
22.09.2026
Fresh file filed. It be checked and registered.
Present: Ms. Seema tiwari, Ld. Counsel for complainant with AR for the
complainant
Submissions of ld. counsel for complainant heard on the point of
summoning of accused. Record perused.
Complainant has filed the pre-summoning evidence by way of affidavit
along with the relevant documents including the dishonoured cheque, bank return
memo, legal notice sent to the accused and proof of sending the legal notice.
In the matter of "A C Narayanan Vs. State of Maharashtra & Anr."
(2014) 11 Supreme Court Cases 790, Full Bench of The Hon'ble Supreme Court has
held as under:-
“29. From a conjoint regarding reading of sections 138, 142 and 145 of
the NI Act as well as section 200 of the Code, it is clear that it is open to the
Magistrate to issue process on the basis of the contents of the complaint, documents
in support thereof and the affidavit submitted by the complainant in support of the
complaint. Once the complainant files an affidavit in support of the complaint before
issuance of the process under section 200 of the Code, it is thereafter open to the
Magistrate, if he thinks fit, to call upon the complainant to remain present and to
examine him as to the facts contained in the affidavit submitted by the complainant
in support of his complaint. However, it is a matter of di 25.02.2027 scretion and the
Magistrate is not bound to call upon the complainant to remain present before the
court and to examine him upon oath for taking decision whether or not to issue
process on the complaint under section 138 of the NI Act. For the purpose of issuing
process under section 200 of the Code, it is open to the Magistrate to rely upon the
verification in the form of affidavit filed by the complainant in support of the
complaint under section 138 of the NI Act. It is only if and where the Magistrate,
after considering the complaint under Section 138 of N I Act documents produced in
support thereof and the verification in the form of affidavit of the complainant, is of
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