Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 1157/2024 M/S GOEL CREATION Vs. Arshad Qureshi /0 (Gandhi Nagar)
26.11.2024
Pr:- Sh Sidhant Dhingre, Ld counsel for complainant.
Sh. Shivdutt, ICICI Bank in person.
CW Shiv Dutt is examined and discharged.
Perusal of the record shows that cheque in question was dishonoured
due to merger of bank. Bank witness in this regard has also been examined.
Ld counsel has submitted that the said fact is matter of trial and court
cannot decline the cognizance at this stage. it is further submitted that the legal
demand notice was also served upon the accused and the accused could have
made the payment towards his liability.
Record of the file perused. All the statutory requirements under NI
Act are complied with. After perusal of the entire record, this Court is of the
considered opinion that prima facie case punishable u/s 138 of NI Act is made out
against the accused. I, therefore, take cognizance of the said offence.
Arguments heard on the point of summoning. Following the law laid
down in A. C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC 790,
complaint, affidavit of evidence and documents considered. In view of complaint;
documents produced with respect to return of cheque on dishonourment and
service of legal demand notice; and verification in the form of affidavit of
evidence, there are sufficient grounds for proceeding further against accused for
offence punishable under Section 138 NI Act.
Let summons be issued to the accused on filing of PF/RC/AD/ speed
post, returnable on next date. Complainant is directed tbijendero file PF and take
steps within one month including providing copy(ies) of complaint and related
documents. Ahlmad is directed to issue the summons only after ensuring that the
same has been done. The complainant is also apprised of the fact that at the time
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