Full Order Text
Interim Order 3 · 13 Oct 2026 · CNR DLNW020582062026
Order Details: COPY OF ORDER Pdf Text: 51 CC NI ACT / 4006/2026 Deepak Jain, Proprietor Santosh Timber Traders Vs. Mohammad Aslam, Proprietor Aslam Builders /0 (Maurya Enclave) 13.10.2026 Present: Ld. counsel for complainant. Arguments heard on behalf of the Complainant. Docu- ments taken on record. I have gone through the entire record including the complaint and the documents. It is alleged that accused has issued the cheque in question to the complainant to discharge his liability. On its presentation the same was dishonored. Therefore, demand notice was sent to the accused by the complainant. Despite service/ deemed ser- vice of said notice, accused has failed to make the payment as per pro- visions of Negotiable Instruments Act. The counsel for the complainant requests that the pre- summoning may be carried out in absence of the complainant in terms of the dictum of “A. C. Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790. Complaint, affidavit of evidence and documents consid- ered in light of above cited judgment. In opinion of this Court, there is no need to examine the complainant's evidence for purpose of is- suance of process. Pre-summoning evidence stands closed. Complaint is filed within the prescribed period of limitation. Cognisance of the offence is accordingly taken. Inquiry u/s 202 CrPC/225 BNSS is also dispensed with as laid down in In Re : Expeditious trial of cases u/s 138 NI act 1881 (Suo Motu Writ Petition (Crl.) No.2 of 2020 order dated 16.04.2021). Arguments on summoning heard. In view of com- plaint, documents produced and verification in the form of affidavit of evidence, there are sufficient grounds for proceeding further against accused person(s) for offence punishable under Section 138 NI Act. Hence, accused be summoned for offence u/s 138 of Ne- -- 1 of 2 -- gotiable Instruments Act on filing of PF/RC. In the event the house/ office/premises is found to be locked/refusal to accept the service/any other contingency the process be served through affixation. Steps be taken within 30 days from today. Ahlmad to issue summons within 10 days from filing of PF. Let summons be also issued upon accused through E-mode on the WhatsApp numbers and Email provided on af- fidavit. Complainant is also at liberty to take the copy of summons dasti to be served upon the accused persons. Complainant is directed to file an affidavit of service along with the proof of service on the next date of hearing. Matter be taken up now on 09.03.2027. As per the guidelines laid down as in the case titled as “Damodar S. Prabhu Vs. Sayed Babalal H”, AIR2010(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, com- pounding may be allowed by the Court without imposing any costs on the accused.” (SANYAM JAIN) JMFC-04/Rohini Court/NW/ Delhi 13.10.2026 -- 2 of 2 --