Order 2

Order Details: COPY OF ORDER
Pdf Text: 134 CC NI ACT - 7540-2024
Afzal Khan Vs. Waseem Raja
29.06.2024
The undersigned is also working as Duty MM for today.
Present: Mr. Aftab Fazil, ld. Counsel for complainant with
complainant.
Efiling history alongwith original postal placed on
record by counsel for complainant.
Arguments on the point of maintainability of the case
heard.
As per the judgment of the Hon’ble Supreme Court in
A.C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC
790, Full Bench, 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 complainant for the purpose of issuance of process. There is
sufficient material before this court to proceed against the accused.
Accordingly, PSE is being dispensed with.
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.
Heard. Case file is perused.
In the present case, upon perusal of documents
annexed and inquiry u/s 202 Cr.P.C. I am prima facie convinced
that the offence of dishonour of cheque u/s 138 NI Act has been
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made out against the accused. As per the averments made in the
present complaint, this court has the territorial jurisdiction to
entertain the complaint. Complaint has been filed within the
limitation period. All other statutory requirements have been
fulfilled.
There is sufficient material on record to proceed
against accused as prima facie offence u/s 138 NI Act appears to
have been committed. I hereby take cognizance of the same.
Let summons be issued to accused on filing of
PF/RC/Speed post / electronic mode within 30 days and authorized
courier returnable on 03.09.2024.
Complainant is also at liberty to furnish email or
whatsapp number of accused on the PF form for effective service
through electronic mode.
Complainant is also directed to file PF and provide the
copy/ies of the complaint to the accused, otherwise the complaint
may be dismissed u/s 204 (4) Cr.PC.
In case of refusal, non-availability or premises of the
accused is found locked, summons be served by way of affixation.
(Neha Garg)
MM (NI Act)-02- PHC
NDD-ND-29.06.2024
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