Order 6

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT 9238-2023 9284-2023
ANU PRODUCTS LIMITED Vs. _____________
12.12.2024
Present: Mr. Ashish Kumar Singh, AR of the complainant.
GST details alongwith affidavit with regard to GST
number filed by the AR of the complainant today. Same be taken
on record.
Arguments on the point of maintainability of the case
heard.
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 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
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
-- 1 of 2 --
-2-
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 11.02.2025.
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
(Surbhi Sharma)
JMIC (NI Act)-02- PHC
NDD-ND-12.12.2024
-- 2 of 2 --