Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 5445/2026
MARC ENTERPRISES PVT LTD Vs. VIJAY KUMAR GUPTA
(NSP Metro)
03.08.2026
Fresh complaint U/s. 138 of NI Act has been received by way of
assignment. It be checked and registered as per rules.
Present: Ms. Nidhi Jain, Ld. counsel for complainant through VC.
Arguments heard on the point of summoning.
This is a complaint filed for offence punishable u/s 138 NI Act,
1881 upon the allegation that the accused issued the cheque in question in
discharge of legal liabilities as mentioned in the complaint. When the
aforesaid cheque was presented for encashment, same was received back
dishonoured. Legal notice was issued but same accused failed to make the
payment within the stipulated period. Complainant has filed on record the
cheque, return memo, legal notice and postal receipt amongst other
documents. Complaint, evidence by way of affidavit and documents
annexed alongwith carefully perused.
At this point reliance is placed on the observations made by
Hon'ble Supreme Court of India in case title A. C. Narayanan vs. State of
Maharashtra and Anr. (2014) 11 Supreme Court cases 792, wherein it was
held that :
“From a conjoint reading of Section 138, 142 & 145 of NI 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 contents of the complaint, documents in
support thereof and the affidavit submitted by the complainant in support of
the complainant. Once the complain files an affidavit in support of the
complaint before issuance of process u/s 200 of the Code, it is thereafter
open to the Magistrate, if he thinks fit, to call upon the complainant to
remain present and to examine him as to the facts contained in the affidavit
submitted by the complainant in support of his complaint. However, 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
u/s 200 of the Code, 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 u/s 138 of NI Act. It is only if and where the Magistrate after
considering the complaint u/s 138 of the NI Act documents produced in
support thereof and the verification in the form of affidavit of the
complainant is of the view that examination of the complainant or his
witness is required, the Magistrate may call upon the complainant to remain
present before the court and examine the complainant and / or his witness
upon oath for taking a decision whether or not to issue process on the
complaint u/s 138 of the NI Act.”
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I have perused the record and heard Ld. counsel for
complainant on the point of summoning of accused. Since the present
complaint is supported by a duly attested affidavit there is no need to
examine complainant on oath at this juncture.
From the documents on record and the affidavit filed on behalf
of the complainant, prima facie a case under Section 138 Negotiable
Instrument Act, is made out against the accused.
Accordingly, accused be summoned upon filing of PF, RC and
speed post. Steps be taken within 15 days hereof.
In case the address of the accused being out of Delhi, the
process be issued through Ld. CJM concerned.
As per the guidelines laid down in the case titles as 'Damodar
S. Prabhu Vs. Sayed Baba Lal H', AIR 2010 (SC) 1907, Ahlmad is directed
to make a mention on the summons (add separate sheet, if required) that
the accused can make an application for compounding of the offence at the
first or second hearing of the case and if such an application is made,
compounding may be allowed by the court without imposing any cost on
the accused. Pamphlet containing details regarding court annexed
mediation to be enclosed with the summons.
Let summons be also issued upon accused through whatsapp
upon providing of such details on affidavit by complainant.
Summons be also issued dasti.
Now to come up for appearance of the accused/settlement, if
any/further proceedings on 22.01.2027.
(AAKANKSHA)
Judicial Magistrate First Class-03
NW/Rohini, Delhi/03.08.2026
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