Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 38
CC NI ACT/283/2025
Pramod Kumar Vs. UMESH DUTT SHARMA
11.05.2026
Present: Sh. S.K. Jha, counsel for complainant.
Complainant is absent.
Matter is listed for precognizance appearance of accused.
The Hon’ble Supreme Court of India in judgment dated 25.09.2025 in
Criminal Appeal No. 1755/2010 titled “Sanjabij Tari Vs. Kishore S.Borcar and Anr” has
directed that “there shall be no requirement to issue summons to the accused in terms of
Section 223 of BNSS i.e., at the precognizance stage.” Accordingly, precognizance
arguments stands dispensed with.
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.
Issue summons against the accused subject to filing of PF through all
permissible modes within 7 working days for NDOH.
Put up for appearance of accused/further proceedings on 26.09.2026.
(ABHINAV AHLAWAT)
JMFC02/SHD/KKD COURTS
DELHI/11.05.2026
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