Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT / 13419/2024
SURENDDR KUMAR JAIN Vs. ANKUR
GUPTA
28.03.2025
Present: Complainant in person with Ld. Counsel Sh. Sunil Goyal.
Proposed accused in person with Ld. Counsel Sh. Raj Kumar.
Fresh vakalatnama has been filed on behalf of the proposed accused.
Same be taken on record.
Notice u/s 223 (proviso) BNSS was issued to the proposed accused on
LDOH. Proposed accused has entered appearance today and submits that he had not
given the cheque in question to the complainant as he had given the same to another
person namely Punit. He further submits that he has no liability towards 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.
I. Act qua the cheque in question.
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There is no requirement for issuing formal summons to accused as he has
already entered appearance before the court.Counsel for the accused submits that the
accused will appear on NDOH.
Ld. Counsel for the accused submits that the accused has received the
copy of complaint, however, annexed documents are not there alongwith the
complaint. 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 09.05.2025.
(Abhay Choudhary)
Judicial Magistrate First Class-04, NI Act
28.03.2025
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