Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 3 CC NI ACT 9061/2023 COMPUTER JUNCTION PVT
LTD. Vs. SHARK DREAMS PVT. LTD AND ORS.
09.10.2023
Present: Sh. Mudit Talesara, ld. counsel for complainant.
E-filing history of the case has been filed. Same is
taken on record.
Arguments on the point of maintainability of the
case heard.
There is sufficient material on record to proceed
against accused no.1 and 4, 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
-- 1 of 2 --
-2-
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 4. 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 4 on
filing of PF/RC/Speed post / electronic mode within 15 days and
authorized courier returnable on 07.02.2024.
Accused no.2 and 3 are not summoned as there is no
specific role of accused no.2 and 3.
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.
(Neha Garg)
MM (NI Act)-02-RACC
NDD-ND-09.10.2023
-- 2 of 2 --