Order 3

Order Details: COPY OF ORDER
Pdf Text: 22 CC NI ACT / 1517/2024 Sukh Shanti Chit Fund Pvt Ltd Through Its
Directors Vs. Satish Pandey /0 (Krishna Nagar)
08.01.2025
Present: Sh Sachin Kr Bansal, Ld counsel for complainant with AR.
Proposed accused absent.
Sh Nitin Prabhakar, Ld counsel for proposed accused.
Ld counsel for complainant submits that copy of complaint has already
been supplied to opposite party.
An application for exemption from personal appearance has been moved on
behalf of proposed accused. Heard. Perused. In view of averments made, same stands
allowed and proposed accused is exempted for today only.
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.
Formal summoning is hereby dispensd with as accused has entered his
appearance through his counsel.
Be put up for framing of notice/furnishing of bail bonds on 11.03.2025.
(Navdeep Gupta)
JM1stC (NI Act), East/ KKD,Delhi/08.01.2025
-- 1 of 1 --