Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 4. CC NI ACT/8616/2023
DLCT020223932023
MS SRI RAM POLYMERS Vs. ARORA PLASTECH THROUGH ITS
PARTNERS MR PRAKHUL ARORA
02.02.2024
Matters are being taken up physically in terms of order no. 67/RG/DHC/2022 dated 11.02.2022.
VC Link is kept open for appearance in terms of order no. 01/RG/DHC/2023 dated 05.06.2023.
Present : Sh. Manish Rathore, Ld. Counsel for the complainant along with
complainant.
E-filing history filed.
Submissions heard. Record perused.
I have gone through the complaint and annexed documents. It is
alleged that the cheque in question has been issued by the accused in favour of the
complainant to discharge his liability. A perusal of the complaint and the annexed
documents shows that a prima facie case u/s 138 of Negotiable Instruments Act,
1881 has been made out against the accused. The matter appears to be filed within
limitation and within the territorial jurisdiction of this court. I hereby take cognizance
of the offence under Section 138 of NI Act against the accused.
Complainant has tendered his pre-summoning evidence by way of
affidavit which is already on record.
The complainant has relied upon the documents which are already
exhibited.
On consideration of the averments in the complaint and the testimony of
the complainant, it appears that there is sufficient material to summon the accused
no. 1 Arora Plastech (partnership firm) and accused no. 2 Nikhil Arora in the
present case. Accused Prakhil Arora is dropped being non signatory of the
cheque and in view of the statement of the complainant.
Accordingly, let summons be issued to the accused through all
available modes, on filing of PF/ RC. Copy of complaint and annexed
documents be also sent with the same. Summons be returnable for next date of
hearing.
List the matter on 26.07.2024.
(Rupinder Singh Dhiman)
MM, NI Act-06, Central District, THC/ 02.02.2024
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