Order 7

Order Details: COPY OF ORDER
Pdf Text: 12. CC NI ACT 6310-2022
SHASHI ASSAL Vs. M/S SAMPATTI TRADING AND
DEVELOPERS
09.08.2023
Present: Dr. Ashutosh, ld. counsel for complainant.
Copy of e-filing history furnished, same be taken on
record.
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.
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. 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
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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. I hereby take cognizance of the offence under Section
138 of the NI Act. At this stage, PSE being dispensed with.
Let summons be issued to accused no.1 and 2
through SHO concerned on filing of PF within 2 days returnable
on 28.08.2023.
Accused no.3, 4 and 5 are not summoned as no
prima facie case is made out against them.
At this stage, it is seen that Mr. Mahesh Kumar,
LAC, who is representing the accused in other connected matter
is present in the court, accordingly, the summons are deemed to
be served upon the accused through his counsel.
Mr. Mahesh Kumar, LAC submits that he will file
his authority letter from DLSA on NDOH. Let the copy of
complaint be supplied to the counsel for accused during the
course of the day.
Put up for framing of notice on 24.08.2023 at 2:00
pm.
(Sahil Khurmi)
MM (NI Act)-02-RADC
NDD-ND-09.08.2023
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