Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: The Ld. counsel for the complainant requests that
the pre-summoning may be carried out in absence of AR of the
complainant in terms of the dictum of A. C . Narayanan
judgment. He further submits that dictum of A.C. Narayanan is
also applicable to complaints u/s 138 NI Act.
In matter of “A. C. Narayanan Vs. State of
Maharashtra & Anr.” (2014) 11 SCC 790, Full Bench of Hon'ble
Supreme Court of India has held that “...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 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...”
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 for offence punishable under Section 138 NI Act.
Hence, accused be summoned through all modes for
offence u/s 138 Negotiable instrument Act read with section 142
NI Act on filing of PF/RC. In the event the
house/office/premises is found to be locked/refusal to accept the
service/any other contingency the process be served through
affixation. PF be filed within fifteen working days.
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