Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 35 CC NI ACT / 3097/2025 Deepak Chauhan Vs. Sanjay
Proceedings are being conducted through Webex online application.
31.10.2025
Present : Sh. Nitish, Ld. Counsel for complainant.
In light of recent judgment of Hon’ble Supreme Court in the case of Sanjabij tari vs.
Kishore S. Borcar and another decided on 25.09.2025, the requirement of accused to be heard at stage
of pre cognizance stands dispensed with.
Arguments heard.
This Court has perused the complaint, 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, 1881 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.
Accordingly, let summons be issued to the afore-said accused for NDOH, through all
permissible modes including electronic mode i.e., e-mail or Whatsapp (to be mentioned on the PF
form) on filing of PF by the Complainant within 30 days from today. Copy of the complaint along with
documents shall accompany the summons. In case the house/premises of the accused is found to be
locked, summons be served by way of affixation. Furthermore, if the Complainant fails to file PF
within time, the complaint shall be liable to be dismissed u/s 227(4) of BNSS.
Complainant is at liberty to serve copy of the summons on accused person(s) through
Registered post/speed post/authorized courier service and via electronic mode i.e., e-mail or WhatsApp
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as well. Further, the complainant is directed to place on record ‘proof of service of summons’ before
this Court by NDOH. [Let the same be e-filed at least 2 days before NDOH].
As per the guidelines laid down in the case titled as “
Damodar S Prabhu v.
Sayed Babala
H” Ahalmad is directed to make a mention on the summons issued against the accused (by adding a
separate sheet, if required) 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 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 the Court deems fit.”
Put up for report on summons/appearance of accused and further proceedings on
16.04.2026.
Ms. Surbhi Sharma,
JMFC (NI Act) Digital Court-01,
North-West, Rohini courts,
New Delhi/31.10.2025
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