Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 98 CC NI ACT / 379/2025 Mufin Green Finance Limited Vs. Pappu
Kumar (Subhash Place)
23.03.2026	23.03.2026
The undersigned is also working as Duty JMFC.
The undersigned is also looking after the work of link Court as 1st Link JMFC.
Matter received by way of transfer vide Circular No. F2 (12)/JUDL./NW/RC/2025	Matter received by way of transfer vide Circular No. F2 (12)/JUDL./NW/RC/2025
dated 19.11.2025.	dated 19.11.2025.
Present Sh. Shaurya Gupta, Ld. Counsel for complainant.
Matter is listed for report on pre cognizance notice.
In light of verdict of Hon'ble Apex Court in
Sanjabij Tari Vs. Kishore
S. Borcar & Anr. Criminal Appeal 1755/2010 decided on 25.09.2025, notice has
been dispensed with.
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
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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 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
14.10.2026. 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 14.10.2026.
(Date given as per the convenience of the party)
(Nitika)
JMFC	JMFC (NI Act) N/W, ROHINI,	(NI Act) N/W, ROHINI,
DELHI/ 23.03.2026	DELHI/ 23.03.2026
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