Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28
CC NI ACT / 4870/2023
Gur Dayal Vs. Shobhna
/ ()
05.08.2025
File received by way of transfer.
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present: Mr. D.S Mehta, Ld. Counsel for complainant.
Complaint and documents annexed with the file perused. Complaint is within limitation and within the
jurisdiction of this Court. I hereby take cognizance of the offence punishable u/s 138 NI Act.
Arguments on summoning heard.
The Hon’ble Supreme Court in the decision reported as
A.C. Narayanan vs. State of Maharashtra (2014)
11 SCC 790 has held as under,
“29. From a conjoint reading of Sections 138, 142 and 145
of the N.I. 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….
…33.4 In the light of Section 145 of the NI Act, 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 and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present
before the Court, nor to examine the complainant or his witness upon oath for taking the decision whether
or not to issue process on the complaint under Section 138 of the NI Act.”
Similar directions have been issued in
Indian Bank Association & Ors. vs. Union of India (2014) 5 SCC
590 and
Rajesh Agarwal vs. State (2010) 171 DLT 51.
On consideration of the complaint, annexed documents and the verification affidavit of the complainant,
this Court is of the opinion that
prima facie there are sufficient grounds for proceeding against the accused mentioned below
for the commission of offence under Section 138, Negotiable Instruments Act, 1881. There is no requirement for
examination of the complainant or witnesses for purpose of issuance of process in view of the above-mentioned directions
of the Hon’ble Apex Court and Hon’ble Delhi High Court. In terms of inquiry, all the statutory requirements have been
complied with. The complaint is filed within the period of limitation as prescribed under Section 142(1)(b) of the
Negotiable Instruments Act.
Let accused Shobhna be summoned on filing of PF, RC/ Speed Post/ approved Courier service/E-mail.
Compliance of the same be done within 15 days from today.
Complainant is directed to place the tracking report of summons sent through speed post on record on the
next date.
As per the guidelines laid down as in the case titled as
Damodar S. Prabhu Vs. Sayed Babalal H, AIR
2010 (SC) 1907,
Ahlmad is directed to make a mention on the summons issued against the accused (by adding 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.”
Put up for appearance of accused on 09.12.2025.
The P.A. is directed to upload the ordersheet on layers and CIS.
(Shraddha Tripathi)
JMFC (NI ACT) Digital Court-03 (N/W),
Rohini Courts, Delhi, 05.08.2025
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