Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 48CC NI ACT/ 2514/2025 KRC Impex Vs. Subir Satyam/ ()
Proceedings are being conducted through Webex online application.
12.09.2025
Present : Sh. Sarthak, Ld. Counsel for complainant.
Proposed accused is present.
Copy of complaint has been supplied to proposed accused.
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 through his counsel today, 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
12.03.2026.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/12.09.2025
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