Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 14649/2024
RAJNEESH CHAURASIA Vs. YOGESH
KUMAR
28.03.2025
Present: Complainant in person.
Sh. Sagar, Ld. Counsel for the proposed accused. (Through VC)
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 proposed accused has entered appearance today and submits
that the proposed accused does not know the complainant and the cheque in question
alongwith other cheques were given to one other person namely Mohit Gupta. The
proposed does not know as to how the cheque in question went into the possession of
the complainant.
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.
-- 1 of 2 --
I. Act qua the cheque in question.
There is no requirement for issuing formal summons to accused as ld.
Counsel for accused has already entered appearance before the court and Ld. Counsel
for the accused submits that the accused will appear on NDOH.
Ld. Counsel for the accused submits that the accused has not received the
copy of complaint and annexed documents. Complainant is directed to supply the
same to the accused prior to the NDOH.
List the matter for appearance of accused/ furnishing of bail bonds/
framing of notice on 17.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
28.03.2025
-- 2 of 2 --