Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 2625/2024 Shyam Kumar Sharma Vs. Anjali Dubey
Proceedings are being conducted through Webex online application.
07.11.2025
Present : None for complainant.
In light of recent judgment of Hon’ble Supreme Court in the case of Sanjabij
tari vs. Kishore S. Borcar and another decided on 25.09.2025, the requirement of accused to
be heard at stage of pre cognizance stands dispensed with.
This Court has perused the complaint, cheque, bank return memo, legal notice,
postal receipt and service report pertaining to the legal notice. Perusal of the said record
reveals that the present complaint has been filed within limitation and this Court has the
territorial jurisdiction to entertain the same. Further, as per the averments made in the
complaint, prima facie, an offence u/s 138 of Negotiable Instruments Act, 1881 appears to
have been committed Therefore, in view of the same, this Court takes cognizance of
offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of AC Narayanan v. State
of Maharastra and Re Expeditious Trial of NI Act cases that the examination of
complainant and his witnesses on oath is a matter of discretion of the Magistrate and their
evidence given on affidavit, if found satisfactory, maybe read as it is for the purpose of
issuance of process. Thus, as the present case has been filed in complete particulars, this
Court does not deem it necessary to call upon the complainant and his witnesses and
conduct their examination on oath.
Considering the averments made in the complaint, documents filed along-with
and affidavit of the complainant in support of the complaint, this Court finds that there is
sufficient material on record to summon the accused.
Accordingly, let summons be issued to the afore-said accused for NDOH,
through all permissible modes including electronic mode i.e., e-mail or Whatsapp (to be
mentioned on the PF form) on filing of PF by the Complainant within 30 days from today.
Copy of the complaint along with documents shall accompany the summons. In case the
house/premises of the accused is found to be locked, summons be served by way of
affixation. Furthermore, if the Complainant fails to file PF within time, the complaint shall
be liable to be dismissed u/s 227(4) of BNSS.
-- 1 of 2 --
Complainant is at liberty to serve copy of the summons on accused person(s)
through Registered post/speed post/authorized courier service and via electronic mode i.e.,
e-mail or WhatsApp as well. Further, the complainant is directed to place on record ‘proof
of service of summons’ before this Court by NDOH. [Let the same be e-filed at least 2
days before NDOH].
As per the guidelines laid down in the case titled as “Damodar S Prabhu v.
Sayed Babala H” Ahalmad is directed to make a mention on the summons issued against
the accused (by adding a separate sheet, if required) 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 costs
on the accused. And if the application is made at a subsequent stage, compounding can be
allowed subject to the condition that the accused will be required to pay 10% of the cheque
amount to be deposited with the Legal Services Authority or such other authority as the
Court deems fit.”
Put up for report on summons/appearance of accused and further proceedings
on 05.05.2026.
Ms. Surbhi Sharma,
JMFC (NI Act) Digital Court-01,
North-West, Rohini courts,
New Delhi/07.11.2025
-- 2 of 2 --