Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30 CC NI ACT / 3882/2024 Praveen Rajgarhia Proprietor Gunpatrai Minerals and Refractories
Vs. shokeen proprietor oracle trading company /0 (Shalimar Bagh)
Proceedings conducted online through video conferencing using CISCO WEBEX software.
(The court is physically operational from Rouse Avenue Court complex.
Work station of the court is functioning from Rohini Court Complex.)
18.10.2025
Present: Sh. Ramkishan, Ld. counsel for complainant.
It is submitted by ld counsel for complainant that the settlement talks between the parties
have failed.
In light of recent judgment of Hon’ble Supreme Court in the case of Sanjabij
tari vs. Kishore S. Borcar and another decided on 25.09.2025, the requirement of accused to
be heard at stage of pre cognizance stands dispensed with.
Arguments heard.
This Court has perused the complaint, cheque, bank return memo, legal notice, postal re-
ceipt 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 Nego-
tiable Instruments Act, 1881 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 Maha-
rastra 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 satis-
factory, 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 affi-
davit of the complainant in support of the complaint, this Court finds that there is sufficient material on
record to summon the accused.
Ld counsel for complainant submits that he has obtained additional contact details of ac-
cused. Let the same be filed along-with PF form.
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Accordingly, let summons be issued to the afore-said accused for NDOH, through all
permissible modes including electronic mode i.e., e-mail or Whatsapp (to be mentioned on the PF
form) on filing of PF by the Complainant within 30 days from today. Copy of the complaint along with
documents shall accompany the summons. In case the house/premises of the accused is found to be
locked, summons be served by way of affixation. Furthermore, if the Complainant fails to file PF
within time, the complaint shall be liable to be dismissed u/s 227(4) of BNSS.
Complainant is at liberty to serve copy of the summons on accused person(s) through
Registered post/speed post/authorized courier service and via electronic mode i.e., e-mail or WhatsApp
as well. Further, the complainant is directed to place on record ‘proof of service of summons’ before
this Court by NDOH. [Let the same be e-filed at least 2 days before NDOH].
As per the guidelines laid down in the case titled as “
Damodar S Prabhu v.
Sayed Ba-
bala H” Ahalmad is directed to make a mention on the summons issued against the accused (by adding
a 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 al-
lowed by the court without imposing any costs on the accused. And if the application is made at a sub-
sequent 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 author-
ity as the Court deems fit.”
Furthermore, it be clearly specified on the summons that, this court being a digital court,
the proceedings are conducted online through Webex Video Conferencing application and the accused
is to remain present through the VC link of the Court on NDOH.
Put up for report on summons/appearance of accused and further proceedings
on 21.02.2026.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/18.10.2025
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