Order 2

Order Details: COPY OF ORDER
Pdf Text: 38 CC NI ACT / 6767/2024
Pawan Kumar Dalmia Vs. Omang Katyal
16.01.2025
Fresh complaint is received by way of assignment. It be checked and registered.
Present: Sh. Bhanu Gupta, Ld. Counsel for the complainant through VC.
The matter is at the stage of consideration.
File perused. All the statutory requirements under NI Act are complied with.
After perusal of the entire record, this court is of the considered opinion that prima facie case
punishable u/s 138 of NI Act is made out against the accused. Cognizance of the same is
taken.
Perusal of case file reveals that cheque in question was presented for
encashment and was returned dishonored vide return memo. Accused has failed to make
payment within the legally prescribed period despite the service of legal demand notice upon
him. The complaint is within the territorial jurisdiction of this court and is within limitation.
Enquiry u/s 202 Cr.PC conducted by scrutinizing documents.
Arguments on summoning heard.
Following the law laid down in A.C. Narayanan Vs. State of Maharashtra &
Anr. (2024) 11 SCC 790, complaint, evidence by way of affidavit and documents considered.
In view of complaint, documents produced and verification in the form of affidavit there are
sufficient grounds for proceeding further against the accused for offence punishable u/s 138 NI
Act.
Issue summons to the accused, on filing of PF/RC/Courier/ Speed Post
within 30 days, as well as through email on the address(s) mentioned in the memo of
parties. Service effected through the parties by the complainant be subject to filing of
report of service.
In case the case is not possible due to premises being locked, or due to
unavailability or refusal, the process server is directed to serve the summons by way of
affixation and file a photograph of the affixed summons clearly indicating the place where they
are affixed in a manner which shows that the affixation has been done at the given address, as
best as possible.
Put up for appearance of accused/ framing of notice on 05.04.2025.
(ARADHANA)
J.M.F.C.01(N.I.Act)/Central,
THC/Delhi/16.01.2025
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