Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 11 CC NI ACT/9929/2023
DLCT020234442023
SH. SANJEEV KUMAR Vs.
M/S. JSR OVERSEAS THROUGH ITS PROPRIETOR SUBHASH
31.01.2024
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.
The undersigned is also working as Link MM to MM, NI Act-02, Central for Pre-lunch Session.
Fresh case received by way of assignment. It be checked and registered.
Present : Sh. Devanand and Sh. Somesh Oberoid Ld. Counsels for the
complainant along with complainant.
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 JSR Overseas through its proprietor Subhash in the
present case.
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 18.09.2024.
(Rupinder Singh Dhiman)
MM, NI Act-06, Central District, THC/ 31.01.2024
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