Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 89CC NI ACT/ 2987/2024 Sunil Verma Vs. Sanjeev Kumar/0 ()
Proceedings are being conducted through Webex online application.
15.09.2025
Present : Sh. Ashish Goyal, Ld. Counsel for complainant.
Sh. BP Pradhan, Ld counsel for proposed accused.
Arguments heard. Records perused.
This Court has perused the complaint, original 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, 1882 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.
Since, the accused has entered into appearance through his counsel today,
summons are deemed to be served upon him.
Further, the accused has been informed about the guidelines laid down in
the case titled as “
Damodar S Prabhu v.
Sayed Babala H” that “he 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 this Court deems fit.”
Put up for furnishing of bail bond/framing of notice and further proceedings
on 16.03.2026.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/15.09.2025
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