Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 5 CC NI ACT / 1436/2024 Umesh Kumar Pandey Vs. Green Bengal 00/0 (Railway
Sarai Rohilla)
03.04.2025
Present: Sh. Saurabh Pandey, Ld. Counsel for the complainant with complainant.
None for the accused.
On a prima facie examination of the complaint, documents annexed and
the examination of complainant, it prima facie appears that the cheque in question
bearing no. 876405 dated 22.11.2023 for Rs. 10,00,000/- was issued to the complainant
in discharge of a legal liability. On presentation, the same got dishonoured vide return
memo dated 29.11.2023, for the reason “funds insufficient”. Thereafter, demand notice
dated 18.12.2023 was sent 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.
Thereby, prima facie an offence under section 138 of Negotiable
Instruments Act, 1881 (“NI Act”) has been committed within the jurisdiction of this
court and the complaint has been presented within limitation. Therefore, there is
sufficient ground for taking cognizance of the offence under Section 138 NI Act.
The complainant has been examined under Section 200 CrPC by tendering
his pre-summoning evidence (“PSE”) on oath which is recorded separately and marked
as CW1/A.
Complainant submits that he does not wish to examine any other witness at
this stage. Vide separate statement, PSE stands closed.
Arguments on summoning heard. Record perused.
On perusal of the record, this Court is of the opinion that prima facie there
are sufficient grounds for proceeding against the accused namely Ms. Gouri Samanta,
proprietor of M/s Green Bengal for the commission of offence under Section 138 NI
Act.
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Let accused Ms. Gouri Samanta, proprietor of M/s Green Bengal be
summoned on filing of PF, RC/ Speed Post/ approved Courier service/E-mail within 7
days from today.
Complainant is directed to place the tracking report of summons sent
through speed post on record on the next date. In the event the house/office/premises is
found to be locked/refusal to accept the service/any other contingency, the process be
served through affixation in terms of Section 65, CrPC.
As per the guidelines laid down in
Damodar S. Prabhu Vs. Sayed Babalal
H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons issued
against the accused (by adding separate sheet, if 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.
Put up for report/appearance of accused on 24.05.2025.
(Deshna Golechha)
JMFC (NI)07 (Central)
03.04.2025
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