Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT / 1152/2024 Shyam Prakash Goyal Vs. Sushil Kumar Jain /0
(Gandhi Nagar)
18.12.2024
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Present: Complainant with Ld counsel.
An application for amendment of the complaint alongwith amended
complaint, amended memo and evidence affidavit has been filed. Taken on record.
Perused.
Submissions heard. Record perused.
Since, the matter is still at the stage of pre-cognizance, no prejudice
shall be caused to the proposed accused.
In view thereof & for the reason stated in the application, application
seeking amendement of complaint stands allowed. Accordingly, amended complaint,
amended memo of parties and evidence are taken on record.
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 to file PF and take steps
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