Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5CNR No.DLSH020136682025
CC NI ACT / 1608/2025 M/s Shakuntala Chits Pvt Ltd Vs. Kishan Pal /0 (Vivek Vihar)
28.07.2026 Today, the undersigned is working as 1st Link of Shri Abhay Chaudhary Ld.
JMFC-02/SHD/KKD/Delhi.
Present: Ms. Shruti Jain, Ld. Counsel for the complainant
AR of the complainant t hrough V/C.
Ld. Counsel for the complainant submits that accused has not made any payment towards
the settlement. Ld. Counsel further submits that let the matter be proceeded on merits.
Recently, the Hon’ble Supreme Court in the judgment of
Sanjabij Tari Vs. Kishore S.
Borcar & Anr.(Cr.Appeal 1755/2010), has held that there is no requirement of issuing notice to the accused
at the pre-cognizance stage under proviso to Section 223 BNSS.
Complaint affidavit of evidence and other annexed documents perused.
Prima facie, there is
sufficient material to proceed further with the matter. Arguments on the point of summoning head. Prima
facie the complaint is within limitation In view of the averments made in the complaint, this court has the
territorial jurisdiction to entertain this complaint. Accordingly, this court takes cognizance of the said offence
u/s 138 of N. I. Act, 1881.
Evidence affidavit of CW1 filed and documents tendered.
Further, in the case of
A.C. Narayanan VS. State of Maharashtra(2014) 11 SCC 790,
Hon’ble Spreme Court of India has held that:
“29 From a conjoint reading of Section 138, 142 and 145 of N. I. Act as well as Section 200
of the Code, it is clear that it is open to the Magistrate to issue process on the basis of the contents of the
complaint, documents in support thereof and the affidavit submitted by the complainant in support of the
complaint..,
“ 33.4 In the light of Section 145 of N. I. Act, it is open to the Magistrate to rely upon the
verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of
the N I Act and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present
before the court, not to examine the complainant or his witness upon oath for taking the decision whether or
not to issue process on the complaint under Section 138 of the N. I. Act”.
Following the law laid down in
A.C. Narayanan(Supra), complaint, affidavit or evidence
and other annexed documents considered. Thus, there is no need to examine the complainant’s evidence for
the purpose of issuance of process. Complaint, affidavit of evidence and other annexed documents perused.
After perusal of the entire record, the court is of the considered opinion that
prima facie a case punishable u/s
138 of N. I. Act,1881 is made out against accused.
Accordingly, issue summons to accused through post/approved courier/other permissible
modes on filing of PF and RC. PF & RC to be filed within 15 days from today.
Further, the process server is directed that in the event of non-availability of accused of
house/office/premises is found to be locked or accused refuses to accept th service, process be served through
affixation.
Put up for appearance of accused/furnishing of bail/framing of notice on 08.09.2026.
(RAHUL SAINI)
JMFC-08/Shahdara Distt.
KKD Courts,Delhi/28.07.2026
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