Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct Case No. 40/26
M/S Paperbox Vs. M/S Super Industries
KNK Marg
05.01.2026
Present: Ms. Ramandeep Kaur & Ms. Neha Bisht, Ld. Counsels for the
complainant.
As per the judgment 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 prima facie sufficient
material before this Court to proceed against the accused upon perusal of the
evidence affidavit, complaint, cheque etc. This court hereby takes cognizance of the
offence under Section 138 of the NI Act.
Accordingly, issue summons to accused for being the drawer and
signatory of the impugned cheque. The summons are to be sent upon filing of
PF/RC within 15 days from today, returnable on 16.04.2025. 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. Summons shall
also be served through speed post/approved courier and internet generated tracking
report of the summons so sent shall be produced before the Court on the next date of
hearing. The complainant may also send summons through email and WhatsApp on
the details of the accused and file the required affidavit along with Certificate u/s 65B
Indian Evidence Act (63 BSA) on the next date of hearing.
Complainant is directed to file PF and provide copy/(ies) of the
complaint to the accused, otherwise the complaint may be dismissed under
Section 204 (4), CrPC.
(Himanshu Sehloth)
JMFC-03/ North/ Rohini/ Delhi
05.01.2026
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