Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 31.
Ct case No. 258/2026
R K Plastics vs Krishna marketing
08.10.2027
Present: Sh. Sarthi Vats, Ld. Counsel for complainant through VC.
Today, the matter was fixed for consideration.
Ld. Counsel for the complainant has advanced his submissions and has
presented the case.
It is pertinent to mention that as per the judgment of Hon’ble Supreme
Court in the case of Sanjabig Tari Vs. Kishore S. Borcar & Anr. Criminal Appeal No.
1755/2020, it was held that there is no need to issue the notice to the accused at the pre-
cognizance.
Arguments on summoning heard.
I have gone through the entire record including the complaint and the
documents. It is alleged that accused has executed the cheque in question in favour of the
complainant to discharge the liability and the said cheque was dishonored on the due date.
Therefore, demand notice was sent to the accused by the complainant. Despite service/
deemed service of said notice, accused has failed to make the payment as per provisions
of Negotiable Instruments Act.
Complaint is filed within the prescribed period of limitation. In my
considered opinion, prima facie there is sufficient material available on record to summon
the accused.
The Ld. counsel for the complainant requests that the pre-summoning may
be carried out in absence of AR of the complainant in terms of the dictum of A. C .
Narayanan judgment. He further submits that dictum of A.C. Narayanan is also applicable
to complaints u/s 138 NI Act.
In matter of “A. C. Narayanan Vs. State of Maharashtra & Anr.” (2014) 11
SCC 790, Full Bench of Hon'ble Supreme Court of India has held that “...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...”
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