Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 44 CC NI ACT / 6177/2026
DEEPAK KUMAR Vs. RAJESH SRIVASTAVA (North Rohini)
01.10.2026
The undersigned is also looking after the work of link Court as IInd Link JMFC.
Present Sh. Sagar, Ld. counsel for complainant.
Be awaited for furnishing of affidavit of service till 12:00 pm.	Be awaited for furnishing of affidavit of service till 12:00 pm.
(Nitika)
JMFC	JMFC (NI Act) N/W, ROHINI,	(NI Act) N/W, ROHINI,
DELHI/	DELHI/ 01.10.2026	01.10.2026
At 12:00 pm
Present Sh. Sagar, Ld. counsel for complainant.
Ld. Counsel for complainant has filed affidavit of service. Taken on record.
Submissions heard and file perused.
This is complaint filed for offence punishable under Section 138 N.I. Act.
Complaint, affidavit of evidence and other annexed documents perused. I take cognizance of
said offence.
In matter of “A. C. Narayanan Vs. State of Maharashtra & Anr.” (2014), II
Supreme Court Cases 790. Full Bench of Hon'ble Supreme Court of India has held as under:
“29 From a conjoint reading of Sections 138, 142 and 145 of the NI 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. Once the complainant files an affidavit in support
of the complaint before issuance of the process under Section200 of the Code, it is thereafter
open to the Magistrate , if he thinks fit, to call upon the complainant to remain present and to
examine him as to the facts contained in the affidavit submitted by the complainant in support
of his complaint. However, it is a matter of discretion and the Magistrate is not bound to call
upon the complainant to remain present before the court and to examine him upon oath for
taking decision whether or not to issue process on the complaint under Section 138 of the NI
Act. For the purpose of issuing process under Section 200 of the Code, it is open to the
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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. It is only if and where the
Magistrate, after considering the complaint under Section 138 of the NI Act, documents
produced in support thereof and the verification in the form of affidavit of the complainant is of
the view that examination of the complainant or his witness(S) is required, the Magistrate may
call upon the complainant to remain present before the court and examine the complainant
and/or his witness upon oath for taking a decision whether or not to issue process on the
complaint under Section 138 of NI Act.
Complaint, affidavit of evidence and documents considered in light of above cited
judgment. In opinion of this Court, there is no need to examine the complainant's evidence for
purpose of issuance of process. In view of complaint, documents produced and verification in
the form of affidavit of evidence, there are sufficient grounds for proceeding further against
accused.
Let the accused be summoned on filing of PF/RC and Speed Post with directions
to the process server to serve the accused person through affixation in case of non availability,
refusal, or if the premise was found locked, returnable for 31.08.2027. Steps be taken within
30 days. Complainant is directed to utilize all the modes for the service of summons.
As per the guideline laid down in the case titled Damodar S. Prabhu Vs. Sayyed
Baba Lal H. report in (2010) 5 SCC 663, Ahlmad is directed to make a mention on the
summons issued against the accused 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 cost on the accused”.
Put up for appearance/bail/framing of notice on 31.08.2027.
(Nitika)
JMFC	JMFC (NI Act) N/W, ROHINI,	(NI Act) N/W, ROHINI,
DELHI/	DELHI/ 01.10.2026	01.10.2026
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