Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 20 CC NI ACT / 291/2026	20 CC NI ACT / 291/2026
CHARANJIT SINGH ARORA Vs. AJITESH KUMAR GUPTA (North Rohini)	CHARANJIT SINGH ARORA Vs. AJITESH KUMAR GUPTA (North Rohini)
Pre-Lok Adalat Sitting
06.05.2026
Matter is taken up today in Pre-Lok Adalat Sitting.
At 4:15 pm
Present Ms. Akshita Harjai, Ld. Counsel for complainant.
Sh. Akshay, Ld. Counsel alongwith proposed accused.
Matter taken up today in Pre-Lok Adalat Sitting in view of elements of
settlement between the parties.
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
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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.
The proposed accused has voluntarily entered appearance alongwith his
counsel, therefore, summons are dispensed with.
Copy of complaint alongwith annexed documents supplied to the accused.
Duly acknowledged by the accused.
Oral bail application made on behalf of accused. Keeping in view that the
offence being bailable, accused is admitted to bail upon furnishing bail bonds in the sum
of Rs.50,000/- and surety bond in the like amount. Accused seeks time and opportunity to
furnish the bail bonds. Heard. Allowed.
At request, be listed for furnishing of bail bonds/framing of notice on
18.08.2026.
(Date given as per the convenience of the parties)
(Nitika)
JMFC (NI Act) N/W, ROHINI,
DELHI/06.05.2026
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