Order 2

Order Details: COPY OF ORDER
Pdf Text: 37 CC NI ACT / 124/2026 GARIBVIKAS MICROFIN FOUNDATION
Vs. SONU (Ashok Vihar)
07.07.2026
Present Sh. Darshdeep, Ld. Counsel for complainant through VC.
AR of complainant in person.
Submissions heard and file perused.
This is complaint filed for offence punishable under Section
138 N.I. Act. Complaint, affidavit of evidence and other annexed documents
perused. I take cognizance of said offence.
In matter of “A. C. Narayanan Vs. State of Maharashtra & Anr.”
(2014), II Supreme Court Cases 790. Full Bench of Hon'ble Supreme Court
of India has held as under:
“29 From a conjoint 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 Section200 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 discretion 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
-- 1 of 2 --
the NI Act, documents produced in support thereof and the verification in the
form of affidavit of the complainant is of the view that examination of the
complainant or his witness(S) is required, the Magistrate may call upon the
complainant to remain present before the court and examine the complainant
and/or his witness upon oath for taking a decision whether or not to issue
process on the complaint under Section 138 of NI Act.
Complaint, affidavit of evidence and documents considered in
light of above cited judgment. In opinion of this Court, there is no need to
examine the complainant's evidence for purpose of issuance of process. In
view of complaint, documents produced and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding further
against accused.
Let the accused be summoned on filing of PF/RC and Speed
Post with directions to the process server to serve the accused person through
affixation in case of non availability, refusal, or if the premise was found
locked, returnable for 12.01.2027. Steps be taken within 30 days.
Complainant is directed to utilize all the modes for the service of summons.
As per the guideline laid down in the case titled Damodar S.
Prabhu Vs. Sayyed Baba Lal H. report in (2010) 5 SCC 663, Ahlmad is
directed to make a mention on the summons issued against the accused that
“ accused can make an application for compounding of the offence at the
first and second hearing of the case and if such an application is made
compounding may be allowed by the court without imposing any cost on the
accused”.
Put up for appearance/bail/framing of notice on 12.01.2027.
(Date given as per the convenience of the party)
(Nitika)
JMFC	JMFC (NI Act) N/W, ROHINI,	(NI Act) N/W, ROHINI,
DELHI/ 07.07.2026	DELHI/ 07.07.2026
-- 2 of 2 --