Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CC NI ACT / 3395/2024 Mukesh Oberoi Vs. Adarsh Jain (Rani Bagh)
30.06.2025
Proceedings are conducted through VC using CISCO Webex Meeting App.
Present: Sh. Rajesh Kaushik, Ld. Counsel for complainant.
None has appeared on behalf of the proposed accused despite due service of Notice. Therefore, no
ground has been made out before the Court to give him another opportunity to be heard at the pre-cognizance
stage. Accordingly, the right of the proposed accused to be heard at the pre-cognizance stage stands closed.
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. It is alleged that accused has issued two cheques in
question one bearing no. 189462 dated 09.06.2024 for Rs.2,00,000/- and another bearing no. 189463 dated
24.06.2024 for Rs.2,00,000/- to the complainant in discharge of liability. On presentation, the same got
dishonoured vide return memos dated 13.08.2024 and 14.08.2024 respectively for the same reason ‘Funds
Insufficient’. Thereafter, demand notice dated 17.08.2024 was sent to the accused by the complainant.
Despite service/ deemed service of said notice, accused has failed to make the payment within 15 days as per
provisions of the Negotiable Instruments Act, 1881.
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 Adarsh Jain 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 30.10.2025.
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, 30.06.2025
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