Order 2

Order Details: COPY OF ORDER
Pdf Text: 32 CC NI ACT / 2401/2024 Vijay Kumar Goyal Vs. Vishal Dhama /0 ()
15.01.2025
Present: Ld counsel for complainant.
Proposed accused absent.
Sh N K Jha, Ld counsel for proposed accused with father of proposed
accused.
Copy of complaint supplied to ld counsel for proposed accused.
Oral exemption is sought on behalf of accused. Same is allowed 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.
Since the accused has already entered appearance through his counsel, his formal
summoning is dispensed with.
It is jointly submitted that settlement talks are going on between the parties.
Be put up for appearance of accused/furnishing of bail bonds/settlement, if any
on 24.01.2025.
(Navdeep Gupta)
JM1stC ( NI Act), East/ KKD,Delhi/15.01.2025
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