Full Order Text
Order 2 · 04 Apr 2025 · CNR DLCT021089082024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: CC NI ACT / 14395/2024 SHYAM KUMAR Vs. MR YAKUB HASAN 04.04.2025 Present: Complainant in person with Ld. Counsel Sh. B N Tiwari. Sh. Sanjeev Tomar, Ld. Counsel for the proposed accused. Fresh vakalatnama 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 proposed accused has entered appearance today and submits that he does not wish to address on point of cognizance. Arguments heard on behalf of the complainant. 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. Counsel for accused has already entered appearance before the court and submits that the accused will appear on NDOH. -- 1 of 2 -- 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 30.05.2025. (Abhay Choudhary) Judicial Magistrate First Class-04, NI Act 04.04.2025 -- 2 of 2 --