Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 17 CC NI ACT / 5522/2025 HANSH AGGARWAL Vs.
BAJRANGI YADAV /0 (Bharat Nagar)
20.01.2026
Present: Complainant with Ld. Counsels Sh. P.M. Sharma and Sh.
Jyoti Sharma.
On the basis of the complaint and the original documents
annexed with the complaint, the court is satisfied that the complaint is filed
within limitation period and falls in the territorial jurisdiction of this court.
Accordingly, cognizance of the offence is taken.
Complaint, affidavit of evidence and documents considered.
In light of judgment titled as “A. C. Narayanan Vs. State of Maharashtra &
Anr.” (2014) 11 SCC 790, wherein Hon'ble Supreme Court of India 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”, this court is of the opinion that there is no
need to examine the complainant for purpose of issuance of process. There
are sufficient grounds for proceeding further against accused for offence
punishable under Section 138 N. I. Act.
Hence, issue summons against the accused, on
P.F./R.C./Approved Courier for 10.06.2026. The complainant can provide
email address/whatsapp number of accused person, if any for service. The
service of summons through email, whatsapp message(s) and text message(s)
is also permitted provided the complainant files an affidavit to the effect that
number on which the said message(s) are sent is/are of the accused and further
subject to filing of report of service. The process server is directed to serve
the summons by way of affixation, if premises found closed or same could not
be served personally or on any adult male member.
An endorsement be also made that if application for compounding at first or
second hearing is made the court may pass appropriate orders at the earliest
as per judgment of M/s Meters and Instruments P. Ltd Vs. Kanchan
Mehta, (2018) 1 SCC 560 and if settlement is made at subsequent stage
the consequences as envisaged in Damodar S. Prabhu (2010) 5 SCC 663
shall be enforced.
Complainant is directed to file PF and take steps within 30
days including providing copy(ies) of complaint otherwise the complaint may
be dismissed U/s 204(4) Cr. P.C. Receipt of PF be produced before this
court on the NDOH.
(ABHINAV SINGH)
JMFC-01/NW/Rohini
20.01.2026
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