Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 10234/2024
SH DAVINDER SINGH Vs. SH PARVEEN
14.01.2025
Present: Ms. Nishu Budhiraja, Ld. Proxy Counsel for the complainant.
Sh. Sunita Naraya, Ld. Counsel for the proposed accused.
Vakalatnama has been filed on behalf of the 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. Proposed accused has entered appearance today and submits that the
complainant has misused his cheque.
Arguments on the point of cognizance heard. The grounds raised by the
proposed accused are triable issues for which defence is required to be led and the
same cannot be looked into at this stage.
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.
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There is no requirement for issuing formal summons to proposed accused
as he has already entered appearance before the court.
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 11.03.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
14.01.2025
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