Order 10

Order Details: COPY OF ORDER
Pdf Text: 57 CC NI ACT 6294-2022 RASHMI VERMA Vs. M/S
SAMPATTI TRADING AND DEVELOPERS
05.10.2023
Present: Dr. Ashutosh and Ms. Fatima, ld. counsels for the
complainant with AR of complainant.
Ld. counsel for complainant prays for waiver of cost
imposed on previous date on the ground that numerous cases are
going between the same parties and he lost the track of the
present case. Heard. In the interest of justice, the previous cost is
waived of.
Ld. counsel for complainant submits that he wishes
to drop the accused no.3, 4 and 5 from the present case. His
statement is recorded separately in this regard.
In view of the statement of complainant recorded,
the present complaint case qua accused no.3, 4 and 5 stands
withdrawn.
E-filing history of the case has been filed on the
official email ID of this court.
Arguments on the point of maintainability of the
case heard.
There is sufficient material on record to proceed
against accused, 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.
Heard. Case file is perused.
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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
made out against the accused no.1 and 2. 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.
As per the judgment of the Honble 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 mater 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 no.1 and 2. I hereby take cognizance of the offence
under Section 138 of the NI Act. At this stage, PSE being
dispensed with.
Ld. counsel for complainant submits that the
accused is in JC in some other matter and he is to be appear
before this on 13.10.2023 and accordingly the present matter be
also fixed for the said date.
At request, put up on 13.10.2023 at 2:00 pm..
(Neha Garg)
MM (NI Act)-02-RACC
NDD-ND-05.10.2023
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