Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI Act no…...
Smt. Kavita Rani VS. Mool Chand
U/s 138 NI Act
PS Harsh Vihar
05.10.2026
Fresh Complaint u/s 138 NI Act filed. It be checked and registered.
Present: Ld. Counsel for complainant.
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.
Present is a complaint u/s 138 NI Act.
Arguments on point of summoning heard.
1. Entire record including the complaint and the annexed documents
perused thoroughly. It is alleged that accused has issued the cheque in question
bearing no. 000315 for Rs.15,90,000/- dated 06.08.2026 to the complainant in
discharge of liability. On presentation, the same got dishonored vide return memo
dated 06.08.2026 for the cheque in question with reasons
“Account blocked situation
covered in 2125”. Thereafter, legal notice dated 18.08.2026 was sent to the accused
by the complainant. Despite service/deemed service of said notice, accused has failed
to make the payment within 15 days as per provisions of the Negotiable Instruments
Act, 1881.
2. I have perused the complaint and the evidence by way of affidavit
of the complainant and the documents relied upon by the complainant. The present
complaint had been filed within limitation and within the jurisdiction of this Court.
3. As per the judgment delivered by the Hon'ble Supreme Court in
the case of
A.C. Narayanan vs. State of Maharashtra (2014) 11 SCC 790 whereby it
was held as under,
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"29. From a conjoint reading of Sections 138, 142 and 145 of the 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 the NI 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 NI Act and the
Magistrate is neither mandatorily obliged to call upon the complainant to remain
present before the Court, nor 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 NI Act."
Similar directions have been issued in Indian Bank Association & Ors. vs. Union of
India (2014) 5 SCC 590 and Rajesh Agarwal vs. State (2010) 171 DLT 51.
4. In view of the above judgment, this Court is of the opinion that
there is no need to examine the complainant for the purpose of issuance of process.
On consideration of the complaint, annexed documents and the verification affidavit
of the complainant, this Court is of the opinion that prima facie there are sufficient
grounds for proceeding against the accused. In terms of inquiry conducted under
Section 202 CrPC, all the statutory requirements have been complied with. The
complaint is filed within the period of limitation as prescribed under Section 142(1)
(b) of the Negotiable Instruments Act. I hereby take cognizance of the offence u/s 138
NI Act.
5. Let accused be summoned on filing of PF within 15 days and
through all permissible mode (RC/ Speed Post/ approved Courier/Email) for
20.02.2027.
(Shorter date is not possible due to heavy pendency in this Court.)
6. Complainant is directed to file the tracking report on record on
NDOH.
7. As per the guidelines laid down as in the case titled as “Damodar
S. Prabhu Vs. Sayed Babalal H”, AIR2010(SC) 1907, Ahlmad is directed to make a
mention on the summons issued against the accused (by adding separate sheet, if
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required) that “accused can make an application for compounding of the offence at
the first and second hearing of the case and if such an application is made,
compounding may be allowed by the Court without imposing any costs on the
accused.”
(Anushtha Srivastava)
Judicial Magistrate First Class-05
Shahdara, Karkardooma, Delhi
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