Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CC NI ACT 3214/2023 SATISH KUMAR Vs. SH MOHANPATEL@MOHAN RAM CHAND PATEL
20.08.2024
Matters are taken up through hybrid mode.
Present: Sh. Sidhant Dhingra, Ld counsel for complainant with complainant.
Sh. Rajesh Kumar, Axis Bank, Swasthya Vihar, Delhi, in person.
Matter is at the stage of consideration.
Notice issued the bank witness of complainant as well as of proposed accused received back served.
Taken on record. Despite serice, none appeared on behalf of complainant bank.
The witness of proposed accused bank is present today and he has been examined &
discharged.
Copy of registration certificate of the complainant firm, bank certificate issued by the complainant
bank and Copy of form-VII filed on behalf of the complainant. Taken on record. Perused. As per the registration
certificate & bank certificate, the complainant maintains his bank account at ICICI Bank, Preet Vihar Branch which
falls in the territorial jurisdiction of the undersigned. As per the form-VII, proposed accused namely Sh. Mohan Patel is
the proprietor of M/s Jai Vinayak Krishi Mandir upon whose account, cheque in question is drawn. In view thereof,
examination of complainant's bank is dispensed with.
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 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 of filing first PF, he is required to fill the mandatory NI Act
Complaint Meta Data.
Service be also effected on the email, WhatsApp message(s) and text message of accused person(s), as
provided by the complainant and further subject to filing of report of service.
As per the guidelines laid down in the case titled as Damodar S. Prabhu Vs. Sayed Babalal H, (2010) 5 SCC
663, the accused is at liberty to file an application for compounding of the offence on the first or second date of hearing
itself without imposition of cost. However, failure to do the same and seeking compounding at a later stage will entail a
cost of 10% of the cheque amount. Same be mentioned on the summons.
Put up for appearance of accused, grant of bail and framing of notice under section 251 Cr.P.C. on
28.01.2025.
(Pooja Yadav)
Judicial Magistrate-1st Class, NI Act
East/KKD Courts/Delhi/20.08.2024
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