Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: Case No. 969223, 961023, 960723, 961223, 961423, 9679
23, 958523, 140323
Hero Fincrop Ltd. Vs. ….............
19.10.2023
Present: Counsel for complainant through VC.
The matter is at the stage of PSE / consideration.
Arguments on summoning heard.
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
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
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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 in an individual.
Cheque also bears the signature of the accused. Let summons be
issued to the accused at the given address(es) on filing of PF within
20 days, returnable on 19.02.2024.
(Pankaj Rai)
M.M.05 (NI Act) NDD/RAC
19.10.2023
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