Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1 CC NI Act No. 997/2025
Saran Pal Vs. Jagpal Singh
PS Shahdara
27.03.2026
Present: Sh. Deepak Chand Pandey, Ld. Counsel for complainant
(through VC).
Complainant is absent.
Matter is at the stage of consideration on present complaint.
In terms of judgment of Hon’ble Supreme Court of India in
‘Sanjabij Tari v. Kishore S. Borcar & Anr.’, pronounced on 25.09.2025, in
Criminal Appeal No. 1755/2010, requirement for issuing notice u/s 223
BNSS to proposed accused, stands dispensed with.
Pre-summoning Evidence by way of affidavit has been filed on
behalf of the complainant. Original documents have been filed on record
along with complaint. Statement of the complainant/ AR of complainant at
pre-summoning stage stands dispensed with in terms of judgment of
Hon’ble Supreme Court of India in
‘A. C. Narayanan v. State of
Maharashtra & Anr. [(2014) 11 SCC 790]’.
Arguments on point of summoning have been heard. File has
been perused. All the statutory requirements under NI Act are complied
with. The present complaint case is filed within period of limitation. On
examination of documents filed along with the present complaint, the Court
is satisfied that
prima facie offence punishable under Section 138 of N.I.
Act is made out against the accused. Hence, I take cognizance of the
offence punishable under Section 138 N.I. Act, 1881.
-- 1 of 2 --
-2-
Issue summons to the accused on filing of PF, RC and speed
post as well as by electronic mode details (WhatsAPP and E-mail).
Dasti
summons be also given to the complainant for service. Summons may be
served by way of affixation in case the premises of the accused are found
locked or if the summons could not be served personally or upon an adult
family member. Steps be taken within two weeks. Complainant is directed
to supply the complete set of documents filed in the court including the pre-
summoning evidence affidavit of complainant. Ahlmad is directed to issue
the summons only after ensuring that the same has been done.
Ahlmad is directed to make the endorsement on the summons
in terms of the guidelines of Hon’ble Supreme Court passed in
‘Damodar
S. Prabhu v. Sayed Babalal H. [(2010) 5 SCC 663]’. Ahlmad is directed to
mention the official e-mail ID and VC Link of this Court on the summons.
Put up for appearance of the accused and further proceedings
on 28.07.2026.
(ARUSHI PARWAL)
JMFC-06/SHD/KKD
DELHI/27.03.2026
-- 2 of 2 --