Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30 CC NI ACT / 3622/2024
Rajni Chopra Vs. Naveen Kumar Sen /0 ()
19.02.2026
Today, Undersigned is working as Duty-JMFC. Undersigned is
having pendency of approx 8200 cases in this court.
Ld. APP for the State is on leave today.
Present case has been received by way of transfer vide
order no. F2(12)/Judl/NW/RC/2025 42791-42810 dated 19.11.2025. It
be checked and registered.
Present: Sh Mahesh Katiyan, ld counsel for complainant
through VC.
Heard. Record perused.
The present complaint is filed for the offence punishable
under Section 138 of Negotiable Instrument Act. The complaint is within
limitation and within the jurisdiction of this court. There are sufficient
grounds for taking cognizance of the offence under Section 138 of
Negotiable Instrument Act.
In the light of the full bench of Hon'ble Supreme Court of
India cited as “ A. C. Narayan vs. State of Maharashtra & Anr.” (2014)
11 SCC 790, this court is of the considered opinion that there is no need
to examine the complainant at this pre-summoning stage for the purpose of
issuance of process against the accused.
Complaint, affidavit of evidence, documents annexed and
verification in form of affidavit filed by the complainant in support of
complaint perused.
Prima facie, it appears that the cheque in question was
issued by the accused in favour of the complainant in discharge of the
legal liability. The cheque in question was dishonoured on presentation.
Legal notice was served upon the accused in ordinary course. Despite the
service of the notice, accused has failed to make the payment within the
stipulated time. There are sufficient grounds for proceeding against the
accused.
Let summons be issued to the accused through all modes
including email & whatsapp. RC & Speed post be given dasti to the
complainant on filing of PF/RC/SP within 15 days from today, returnable
for NDOH, with direction to file the certificate u/s 63BSA along with
proof of service.
Put up for appearance of accused on 05.09.2026.
(Gaurav Katariya)
JMFC-7(NW)/RC/Delhi
19.02.2026
-- 1 of 1 --