Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 23 1195/2024 Seema Sharma Vs. Sh Arif /0 (Patpar Ganj Industrial Area)
04.01.2025
Present: Ms Neha Sharma, Ld counsel for complainant.
Accused Arif in person.
Court notice has been issued to accused Neelam, however, ld counsel for
complainant submits that the actual accused in this case is Arif.
Submissions heard on point of summoning.
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.
Since the accused has already entered his appearance, his formal
summoning is dispensed with.
Copy of complaint be supplied to accused by the NDOH.
Accused seeks time to furnish his bail bonds.
At request, be put up for furnishing of bail bonds/consideration on notice
on 04.03.2025.
(Navdeep Gupta)
JM1stC (NI Act), East/ KKD,Delhi/04.01.2025
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