Order 2

Order Details: COPY OF ORDER
Pdf Text: 42 CC NI ACT / 8260/2025 HAR LAL GUPTA Vs. MUKESH
YADAV PROPRIETOR
07.08.2025
There is pendency of more than 18,000 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.
Present : Sh.M.U. Rehman, Ld. Counsel for complainant.
Sh Ajay Sejwal, Ld. Counsel for proposed accused.
Matter is listed for arguments at the stage of pre
cognizance.
A perusal of the file reveals that cheque bearing
no.089285, 089286, 089294 were issued on 15.11.24, 27.11.24
and 10.11.24 respectively. The same were returned on 05.02.25,
05.02.25 and 28.01.25 with the comment ‘funds insufficient’.
The legal demand notice was sent on 19.2.25 (the day on which
the return memo is received is excluded for the purposes of
calculating the period of limitation for sending the legal demand
notice within 30 days). The legal demand notice was delivered on
24.02.25. The present complaint came to be efiled on 31.03.25.
The same appears to be within the period of limitation.
Pre-summoning evidence by way of affidavit and
other annexed documents perused. This court finds sufficient
material to proceed ahead with the case at hand. I take
cognizance of the offence punishable u/s 138 NI Act.
Following the law laid down in
A. C. Narayanan
Vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint,
pre-summoning evidence by way of affidavit and other
documents considered. In view of the same, there are sufficient
grounds for proceeding further against accused Mukesh Yadav
(Prop. of Om Card Board Manfg. Co.), for offence punishable
under Section 138 N. I. Act.
There is no need to issue summons in the matter as
the accused is already aware of the proceedings.
Since the offence is bailable, accused is admitted to
bail subject to furnishing of Bail Bonds in the sum of Rs.
50,000/- , with one surety of like amount .
Ld. Counsel for accused seeks time to furnish the
bail bonds. Heard and time granted.
Be put up for furnishing of bail bonds and framing
of NOA on 15.10.25.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/07.08.2025
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