Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Case No. 131423, 131123, 131023, 130623, 130423, 1315
23, 131623, 131723, 132023, 132323, 132623, 132723,
132823, 130023, 132923, 133023, 132523
Hero Fincorp Ltd. Vs. …................
16.10.2023
Present: Sh. H.N. Pandey, Counsel for complainant
through VC.
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 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
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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 05.03.2024.
(Pankaj Rai)
M.M.05 (NI Act) NDD/RAC
16.10.2023
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