Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 67 CC NI ACT / 4087/2024 SG TRADERS Vs. JINDAL TILES AND
SANITARYWARE / ()
15.10.2026
Present: Ms. Prachi Gulati, ld. Proxy Counsel for complainant.
Complainant is directed to file proprietorship documents of
proposed accused.
Ld. Proxy counsel for complainant has filed an application to
trace on record the GST details of accused firm.
Arguments heard on the point of summoning.
This is a complaint filed for offence punishable u/s 138 NI Act,
1881 upon the allegation that the accused issued the cheque in question in
discharge of legal liabilities as mentioned in the complaint. When the
aforesaid cheque was presented for encashment, same was received back
dishonoured. Legal notice was issued but same accused failed to make the
payment within the stipulated period. Complainant has filed on record the
cheque, return memo, legal notice and postal receipt amongst other
documents. Complaint, evidence by way of affidavit and documents
annexed alongwith carefully perused.
At this point reliance is placed on the observations made by
Hon'ble Supreme Court of India in case title A. C. Narayanan vs. State of
Maharashtra and Anr. (2014) 11 Supreme Court cases 792, wherein it was
held that :
“From a conjoint reading of Section 138, 142 & 145 of 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 contents of the complaint,
documents in support thereof and the affidavit submitted by the
complainant in support of the complainant. Once the complain files an
affidavit in support of the complaint before issuance of process u/s 200 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 u/s 200 of the Code, it is open to the Magistrate to
rely upon the verification in the form of affidavit filed by the complainant
in support of the complaint u/s 138 of NI Act. It is only if and where the
Magistrate after considering the complaint u/s 138 of the NI Act documents
produced in support thereof and the verification in the form of affidavit of
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the complainant is of the view that examination of the complainant or his
witness 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 u/s 138 of the NI Act.”
I have perused the record and heard Ld. counsel for
complainant on the point of summoning of accused. Since the present
complaint is supported by a duly attested affidavit there is no need to
examine complainant on oath at this juncture.
From the documents on record and the affidavit filed on behalf
of the complainant, prima facie a case under Section 138 Negotiable
Instrument Act, is made out against the accused.
Accordingly, accused be summoned upon filing of PF, RC and
speed post. Steps be taken within 15 days hereof.
In case the address of the accused being out of Delhi, the
process be issued through Ld. CJM concerned.
As per the guidelines laid down in the case titles as 'Damodar
S. Prabhu Vs. Sayed Baba Lal H', AIR 2010 (SC) 1907, Ahlmad is directed
to make a mention on the summons (add separate sheet, if required) that
the accused can make an application for compounding of the offence at the
first or 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. Pamphlet containing details regarding court annexed
mediation to be enclosed with the summons.
Let summons be also issued upon accused through whatsapp
upon providing of such details on affidavit by complainant.
Summons be also issued dasti.
Now to come up for appearance of the accused/settlement, if
any/further proceedings on 6/4/2027.
(AAKANKSHA)
Judicial Magistrate First Class-03
NW/Rohini, Delhi/15.10.2026
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