Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 20 CC NI ACT / 2489/2024 LATAFAT ALI Vs. RANI SHAHIDA
14.05.2025
Present: Ld counsel for complainant.
Proposed accused with Ld counsel.
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.
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 her appearance, her formal summoning is
dispensed with.
Personal bond furnished. Same is accepted till the NDOH.
Notice of accusation has been served upon the accused, to which accused
pleaded not guilty and claimed trial. Her plea of defence has also been recorded separately.
Admission & denial done. Therefore, witness no. 2, 3 & 4 stand dropped from
the list of witnesses on account of admission by accused.
Considering the detailed defence taken by the accused, plausible defence has
been raised for which an opportunity for cross-examination of the complainant is fit to be given
to the accused u/s 145(2) NI Act. The need for filing a formal application stands dispensed
with.
In these circumstances, in view of the second proviso to section 143 (1) of the
NI Act, instead of being tried summarily, this case shall now be heard as a summons trial case.
Be put up for CE/furnishing of surety bonds on 02.09.2025.
(Navdeep Gupta)
JMFC (NI Act), East/ KKD,Delhi/14.05.2025
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