Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 32CC NI ACT/ 3687/2024 amit Vs. Rajesh Mathur/ ()
Proceedings are being conducted through Webex online application.
12.09.2025
Present : Ms. Ritu, Ld. Counsel for complainant.
Sh. Javed, Ld counsel alongwith 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 12.03.2026.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/12.09.2025
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