Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 1CC NI ACT10049/2023
MKF LOGISTICS PRIVATE LIMITED THROUGH ITS
AUTHORISED REPRESENTATIVE Vs. M/S RAJUL
EXPORTS THROUGH ITS PROPRIETOR
16.09.2023
Present: Sh.Harsh Gattani and Sh. Shivam Baghel, Ld.
Counsels for Complainant along with AR Sh. Vakeel
Yadav.
Physical file along with accompanying documents
submitted with the Ahlmad of the court.
E-filing history of the case has been filed on behalf
of the complainant.
I have perused the complaint and the accompanying
documents. 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. 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
Court, there is no need to examine the complaint for the purpose
of issuance of process. No other witness is sought to be examined
on behalf of the complainant at this stage. Accordingly, PSE
stands closed. For the purposes of identification, the evidence
affidavit is now marked as Ex-CW1/A.
The complaint has been filed within the period of
limitation and is within the jurisdiction of this court.
Page no.1/2
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Relevant inquiry u/s. 202 CrPC conducted. On the
basis of the averments contained in the complaint, the evidence
by way of affidavit and the inquiry conducted by this court, there
are sufficient grounds for proceeding against the accused in
the present matter.
Issue summons to the accused (on filing of PF
within 7 days from today) through SHO concerned, returnable on
18.11.2023.
Summons be also sent through speed post and
internet generated tracking report of summons sent through speed
post be placed on record by NDOH. Complainant is directed to
file PF and to provide copy of complaint to the accused otherwise
the complaint may be dismissed U/s. 204(4) Cr.P.C.
(Anurag Chhabra)
MM(NI Act)-03/RACC/NDD/ND
16.09.2023
Page no.2/2
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