Full Order Text
Order 18 · 01 Jun 2026 · CNR DLNW020325462023
Order Details: COPY OF ORDER Pdf Text: 58 CC NI ACT 3975/2023 KANWAL TEWARI Vs. KALU RAM DHINGRA PS (Maurya Enclave) 01.06.2026 Present: Sh.Arpit Verma and Sh.Hans Sharma, Ld. Counsels for complainant. On the basis of the citations relied upon by the complainant, the maintainability of the present complaint has been established by the complainant. On the basis of the complaint and the original documents annexed with the complaint, the court is satisfied that the complaint is filed within limitation period and falls in the territorial jurisdiction of this court. Accordingly, cognizance of the offence is taken. Complaint, affidavit of evidence and documents considered. In light of judgment titled as “A. C. Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, wherein Hon'ble Supreme Court of India 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”, this court is of the opinion that there is no need to examine the complainant for purpose of issuance of process. There are sufficient grounds for proceeding further against accused no. 1 and 3 (being signatories) for offence punishable under Section 138 N. I. Act. Hence, issue summons against the accused no. 1 and 3(being signatories), on P.F./R.C./Approved Courier for 10.02.2026. The complainant can provide email address/whatsapp number of accused person, if any for service. The service of summons through email, whatsapp message(s) and text message(s) is also permitted provided the complainant files an affidavit to the effect that number on which the said message(s) are sent is/are of the accused and further subject to filing of report of service. The process server is directed to serve the summons by way of affixation, if premises found closed or same could not be served personally or on any adult male member. An endorsement be also made that if application for compounding at first or second hearing is made the court may pass appropriate orders at the earliest as per judgment of M/s Meters and Instruments P. Ltd Vs. Kanchan Mehta, (2018) 1 SCC 560 and if settlement is made at subsequent stage the consequences as envisaged in Damodar S. Prabhu (2010) 5 SCC 663 shall be enforced. Complainant is directed to file PF and take steps within 30 days including providing copy(ies) of complaint otherwise the complaint may be dismissed U/s 204(4) Cr. P.C. Receipt of PF be produced before this court on the NDOH. (ABHINAV SINGH) JMFC-01/NW/Rohini 01.06.2026 -- 1 of 1 --