Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 27 CC NI ACT / 6685/2026	27 CC NI ACT / 6685/2026
VPR FOOTSTEPS PRIVATE LIMITE Vs. RAJAT RANA (North Rohini)	VPR FOOTSTEPS PRIVATE LIMITE Vs. RAJAT RANA (North Rohini)
28.09.2026	28.09.2026
Fresh case received by way of assignment. It be checked and registered.
Present Sh. Sagar Mishra, Ld. Counsel for complainant through VC.
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 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,
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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 22.07.2027. 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 22.07.2027.
(Nitika)
JMFC (NI Act) N/W, ROHINI,
DELHI/ 28.09.2026
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