Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 54 CC NI ACT / 1924/2025 RAVI KUMAR Vs. SURESH KUMAR / ()
Proceedings are being conducted through Webex online application.
17.10.2025
Present : Complainant is present.
Accused is present.
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, 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
14.04.2026.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/17.10.2025
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