Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 56 Ct Cases 618/2024
Axis Trustee Services Ltd Vs. Saha Estate Developers Private Limited
And Ors
21.01.2025
Present: Sh. Abhishek Sharma, Counsel for the complainant.
Counsel for complainant has placed on record the MCA
data. Same is taken on record.
This complaint is filed U/s. 138 of NI Act. It is alleged in
the complaint that the accused had issued cheque in favour of
complainant in discharge of his liability. On presentation, the cheque
was returned dishonured. Thereafter, the complainant made the
demand for the payment of the cheque amount by giving the statutory
notice. The accused failed to make the payment within the prescribed
period of 15 days from the receipt of the demand notice. Complaint
perused. Documents perused.
I have perused the complaint, copy of authority letter in
favour of AR of the complainant, the evidence by way of affidavit of
the AR of the complainant and the documents relied upon by the
complainant. The present complaint has been filed within the period of
limitation and within the jurisdiction of this Court. The original
documents have been exhibited in accordance with the pre
summoning evidence by way of affidavit and the affidavit of evidence
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
21.01.2025
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..2..
is Ex. CW1/X.
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. There is sufficient material before this Court to
proceed against the accused. I hereby take cognizance of the offence
U/s. 138 of N.I. Act.
Perusal of the record shows that accused no.1 is a
registered company and accused no.2 is its Director.
Record perused. Arguments heard.
This Court is satisfied that only accused no.1, & 2 be
summoned as accused persons as their involvement is evident and
accused no.2 is involved in day-to-day affairs of accused no.1 and
accused no.2 is also the signatory of impugned cheque and same has
been issued on behalf of accused no.1. No role has been ascribed to
accused no.3 & 4 except the fact that they are personal guarantors.
Therefore, let summons be issued only to accused no.1 & 2 through all
permitted modes including PF/RC, speed post, courier, affixation at
the given address(es) on filing of PF within 10 days, returnable on
02.04.2025.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
21.01.2025
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