Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 37 CC NI ACT / 12468/2024 Bestway Cooertive Urban Thrift An Credit Society Ltd Vs. Vinay Kumar
38 CC NI ACT / 12469/2024 BESTWAY COOPERTIVE URBAN THRIFT Vs. RAVI KUMAR
39 CC NI ACT / 12470/2024 Bestway Cooertive Urban Thrift An Credit Society Ltd Vs. Jagpal Singh
42 CC NI ACT / 12474/2024 BESTWAY COOPERTIVE URBAN THRIFT LTD Vs. MAHENDER
43 CC NI ACT / 12475/2024 BESTWAY COOPERTIVE URBAN THRIFT Vs. AJAY
45 CC NI ACT / 12477/2024 BESTWAY COOPERTIVE URBAN THRIFT Vs. ROHTASH KUMAR
10.06.2025
Present: Sh. Nikunj Yadav, Ld. Counsel for the complainant with AR Sumit Aggarwal.
Submissions heard on behalf of complainant and entire record including the complaint and the
annexed documents perused thoroughly. It is alleged that accused has issued the cheque in question to the
complainant in discharge of liability. On presentation, the same got dishonoured vide return memo. Thereafter,
demand notice was sent to the accused by the complainant. Despite service/ deemed service of said notice,
accused has failed to make the payment within 15 days as per provisions of the Negotiable Instruments Act,
1881.
On consideration of the complaint, annexed documents and the verification affidavit of the
complainant, this Court is of the opinion that prima facie there are sufficient grounds for proceeding against the
accused mentioned below for the commission of offence under Section 138, Negotiable Instruments Act, 1881.
There is no requirement for examination of the complainant or witnesses for purpose of issuance of process in
view of the directions of the Hon’ble Apex Court
A.C. Narayanan vs. State of Maharashtra (2014) 11 SCC 790.
In terms of inquiry conducted under Section 202 CrPC, all the statutory requirements have been complied with.
The complaint is filed within the period of limitation as prescribed under Section 142(1)(b) of the Negotiable
Instruments Act.
Let accused be summoned on filing of PF, RC/ Speed Post/ approved Courier service/E-mail
within 30 days for NDOH.
Complainant is directed to place the tracking report of summons sent through speed post on
record on the next date. In the event the house/office/premises is found to be locked/refusal to accept the
service/any other contingency the process be served through affixation in terms of Section 65, CrPC.
As per the guidelines laid down as in the case titled as Damodar S. Prabhu Vs. Sayed Babalal
H, AIR 2010 (SC) 1907, Ahlmad is directed to make a mention on the summons issued against the accused (by
adding separate sheet, if required) that “accused can make an application for compounding of the offence at the
first and second hearing of the case and if such an application is made, compounding may be allowed by the
Court without imposing any costs on the accused.”
Put up for appearance of accused on 20.09.2025.
(Arvind Tomar)
JMFC (NI)07 (Central)
10.06.2025
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