Order 4

Order Details: COPY OF ORDER
Pdf Text: 59 CC NI ACT 1812/2024
PRITPAL SINGH Vs. PUSHPA DEVI/0 (Anand ViharRailway Station)
03.11.2025
Proceedings conducted through Cisco Webex.
Present: Sh. A.S. Juneja, Ld. Counsel for the complainant alongwith
complainant.
Sh. Vipin Arora, Ld. Counsel for the accused alongwith accused.
In view of the recent Judgment of Hon’ble Supreme Court of India in
case titled as Sanjabij Tari v. Kishore S. Borcar (Cr. Appeal no. 1755 of 2010
decided on 25.09.2025), the requirement of issuance of pre-cognizance notice has
been dispensed with.
Arguments heard.
This complaint is filed U/s. 138 of NI Act. It is alleged in the complaint
that the accused had issued cheque in favour of complainant in discharge of his
liability. On presentation, the cheque was returned dishonured. Thereafter, the
complainant made the demand for the payment of the cheque amount by giving the
statutory notice. The accused failed to make the payment within the prescribed period
of 15 days from the receipt of the demand notice. Complaint perused. Documents
perused.
Prima-facie, there is sufficient material to proceed further. Accordingly,
this Court takes cognizance of the offence U/s. 138 of NI Act.
As per the judgment of Hon'ble Supreme Court in A.C. Narayanan Vs.
State of Maharashtra and Anr. 2014 11 SCC 790 the examination of the complainant
upon oath for issuance of process is a matter of discretion of the Magistrate. In the
(Nishi Jindal),
JMFC (NI Act)Digital Court-01
Karkardooma Courts, Delhi.
03.11.2025
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considered opinion of this Court, there is no need to examine the complaint for the
purpose of issuance of process. There is sufficient material before this Court to
proceed against the accused. I hereby take cognizance of the offence U/s. 138 of N.I.
Act.
I have heard arguments on point of summoning and perused the
complaint, evidence by way of affidavit, bank memo, cheque, demand notice and
other documents on record. Prima facie the complaint is within limitation. In view of
the averments made in the complaint, this Court has territorial jurisdiction to
entertain this complaint. No other offence other than Section 138 of NI Act is made
out against the accused person(s).
Perusal of the record shows that accused in an individual. Cheque also
bears the signature of the accused.
As Ld. Counsel for accused is present before this Court, the formal need
for issuing of summons to the accused is hereby dispensed with.
At this stage, notice for offence punishable under Section 138 N.I. Act
under Section 251Cr.PC. has been framed, read over, explained to and served upon
the accused to which he pleaded not guilty and claimed trial. Plea of defence of
accused also recorded.
At this stage, statement of accused under Section 294 Cr.PC. has also
been recorded.
Offence being bailable in nature, accused is admitted to bail on his
furnishing personal bond in the sum of Rs. 15,000/- with one surety in the like
amount. Ld. Counsel seeks some time to file the same. Bail bonds to be positively
furnished by NDOH.
(Nishi Jindal),
JMFC (NI Act)Digital Court-01
Karkardooma Courts, Delhi.
03.11.2025
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Ld. counsel for the accused has orally made a request under Section
145(2) NI Act for cross-examining the complainant.
Heard. Allowed.
Keeping in view the defence raised by the accused, I am of the
considered opinion that the cross-examination of the complainant is pertinent to
facilitate the course of justice.
This Court further does not deem it appropriate/desirable to try the case
as a summary trial, since sentence for imprisonment exceeding one year may have to
be passed, if the trial results in conviction, therefore, this case would be tried as
summons trial case.
At this stage, Ld. Counsel for the parties submit that they would like to
explore the possibility of settlement and therefore, the matter may be referred to the
Mediation Centre.
Heard. Allowed.
Keeping in view the submissions made, put up before the Mediation
Centre, Karkardooma Court, Shahdara District on 11.11.2025 at 12.00 pm.
Both the parties are directed to appear before the Mediation Centre.
Put up for report on mediation / furnishing of bail bonds / further
proceedings on 30.01.2026.
Date is given as per convenience of both the parties.
(Nishi Jindal),
JMFC (NI Act)Digital Court-01
Karkardooma Courts, Delhi.
03.11.2025
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