Order 1

Order Details: COPY OF ORDER
Pdf Text: 104 CC NI ACT / 2826/2024
Hero Fincorp Limited Vs. Mittapalli Rajkumar
24.09.2024
There is pendency of more than 12,000 cases in the present court,
therefore, it is not possible to give shorter date in the cases and the
present court is working with only one Stenographer.
Stenographer of the court is directed to upload the digitally signed
order sheet as per rules.
Present: Sh.H.N. Pandey Ld. Counsel for Complainant.
I have perused the complaint and the accompanying
documents. Prima facie offence u/s 138 NI Act appears to have been
committed. I hereby take cognizance of the same.
I have perused the complaint u/s. 138 NI Act, evidence
by the way of affidavit of the complainant and the documents relied
upon by the complainant. As per the judgment of Hon'ble Supreme
Court in A.C. Narayanan vs. State of Maharashtra and Anr., (2014) 11
SCC 790 the examination of the complainant upon oath for issuance
of process is a matter of discretion of the Magistrate. In the considered
opinion of this Court, there is no need to examine the complaint for
the purpose of issuance of process. No other witness is sought to be
examined on behalf of the complainant at this stage. Accordingly, PSE
stands closed. For the purposes of identification, the evidence affidavit
is now marked as Ex-CW1/A.
The complaint has been filed within the period of
limitation and is within the jurisdiction of this court.
Relevant inquiry u/s. 202 CrPC conducted. On the basis
of the averments contained in the complaint, the evidence by way of
affidavit and the inquiry conducted by this court, there are sufficient
grounds for proceeding against the accused in the present matter.
Let summons be issued to the accused through all
permissible modes on filing of PF within 20 days from today,
returnable on 22.03.2025. In case the house of the accused is found to
be locked, process server is directed to affix the summons on
conspicuous place.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be
placed on record by NDOH.
Complainant is directed to file PF and to provide copy of
complaint to the accused otherwise the complaint may be dismissed
U/s. 204(4) Cr.P.C.
(Anurag Chhabra)
JM First Class (NI Act-03)/PHC/NDD
24.09.2024
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