Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 50 CC NI ACT / 2023/2026 JITU GUPTA Vs. SMT NEHA /0
(Mahendra Park)
09.10.2026
Present : Mr.Gajender Kumar, ld. counsel for the complainant.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, pre-summoning evidence
by way of affidavit of the complainant and the documents relied upon
by the complainant. The present complaint has been filed within the
limitation and is within the jurisdiction of this Court.
2. In light of the decision of the Hon'ble Supreme Court in
A.C. Narayanan v. State of Maharashtra & Anr. (2014) 11 SCC 790,
Full Bench, examination of the complainant upon oath for issuance of
process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complainant for
the purpose of issuance of process. There is sufficient material before
this Court to proceed against the accused. I hereby take cognizance of
the offence under Section 138 of the NI Act.
3. Accordingly, issue summons to accused for being the
drawer and signatory to the impugned cheque(s). The summons are to
be sent upon filing of PF/RC within 7 days from today, returnable on
29.01.2027. The complainant is directed to file metadata form before
filing of PF. The process server is directed to serve the summons by
way of affixation, if premises are found locked or same could not be
served personally or on any adult male member. To expedite service,
the complainant is at liberty to serve the summons through speed
post/approved courier, subject to filing internet generated tracking
report of service on the next date of hearing. The complainant may
also send summons through email and WhatsApp to the accused and
file the requisite affidavit of service along with Certificate u/S 63 of
Bhartiya Sakshya Adhiniyam on the next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu
Vs. Sayed Baba Lal H, AIR 2010 (SC) 1907, Ahlmad is directed to
make a mention on the summons issued against the accused (by
adding separate sheet, if required) that “accused can make a
application for compounding of the offence at the first and second
hearing of the case and if such an application is made, compounding
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may be allowed by the court without imposing any costs on the
accused”.
5. Complainant is directed to file PF and provide copies of
the complaint and other necessary documents, within one month from
today, failing which the complaint may be dismissed under Section
227(4) of Bhartiya Nagarik Suraksha Sanhita. Renotify for
appearance of the accused/furnishing of bail bonds/ consideration on
Notice under Section 274 of Bhartiya Nagarik Suraksha Sanhita on
29.01.2027.
7. The summons must accompany the copy of the
complaint along with other supporting documents and the
complainant will file the proof of the copy being supplied to the
accused before this court on the NDOH.
(BHARTI BENIWAL)
Judicial Magistrate First Class-05
North Rohini Courts
Delhi/09.10.2026
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