Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 9173/2024
Majid Khan Vs. Mohd Shabbir Alam
09.01.2025
The undersigned has to attend a training programme on ICT and E-courts in the post
lunch session
Present: Complainant in person with Ld. Counsel Sh. Z Alam Khan.
Sh. Rajeev Kumar, Ld. Counsel for the proposed accused.
Memo of appearance has been filed on behalf of the proposed accused.
Same be taken on record.
The instant complaint has been filed under Section 138 of Negotiable
Instruments Act.
Notice u/s 223 (proviso) BNSS was issued to the proposed accused on
LDOH. Ld. Counsel for the proposed accused has entered appearance today and
submits that he does not wish to address arguments on the point of cognizance and the
matter be proceeded further.
Complaint, affidavit of evidence and other documents perused. Prima
facie, complaint appears to have been filed within limitation period and falls within the
territorial jurisdiction of this court. I hereby take cognizance of the offence punishable
under Section 138 of NI Act qua the cheque in question.
Following the law laid down by the Hon'ble Supreme Court in “A. C.
Narayanan Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, affidavit
of evidence and annexed documents considered. Inquiry under Section 202 Cr.P.C.
conducted.
In view of the same I am satisfied, there are sufficient grounds for
proceeding further against accused person for offence punishable under Section 138 N.
I. Act qua the cheque in question.
There is no requirement for issuing formal summons to accused as Ld.
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Counsel for the accused submits that the accused will appear physically on NDOH.
It is stated by the Ld. Counsel for accused that he has already received
copy of complaint and annexed documents from the complainant.
List the matter for appearance of accused/ furnishing of bail bonds/
framing of notice on 27.02.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
09.01.2025
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