Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 107;Cc Ni Act 16784/2026
Aviom Indian Housing Finance Private Limited Vs. Sagar Solanki
108;Cc Ni Act 16785/2026
Aviom India Housing Finance Pvt Ltd Vs. Neeraj Kumar Thakur
109;Cc Ni Act 16786/2026
Aviom India Housing Finance Pvt Ltd Vs. Pradeep Singh Lodhi
110;Cc Ni Act 16787/2026
Aviom India Housing Finance Vs. Santosh Lohar
111;Cc Ni Act 16788/2026
Aviom India Housing Finance Pvt Ltd Vs. Alka Chhirolya
112;Cc Ni Act 16789/2026
Aviom India Housing Finance Pvt Ltd Vs. Bhikku Kakodiya
113;Cc Ni Act 16790/2026
Aviom India Housing Finance Vs. Arvind
114;Cc Ni Act 16791/2026
Aviom India Housing Finance Pvt Ltd Vs. Imrat Verma
115;Cc Ni Act 16792/2026
Aviom Indian Housing Finance Private Limited Vs. Jitendra Ahirwal
116;Cc Ni Act 16793/2026
Aviom Indian Housing Finance Private Limited Vs. Deepak Kasariya
117;Cc Ni Act 16794/2026
Aviom India Housing Finance Pvt Ltd Vs. Rambabu Patidar
118;Cc Ni Act 16795/2026
Aviom India Housing Finance Vs. Narendra
25.09.2026
Present : Sh. Manik Ahluwalia, Ld. counsel for complainant
appeared through VC.
Physical file submitted.
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 dishonored. 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
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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.CW-1/1.
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. 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 the accused is an
individual. The cheque also bears the signatures of the accused. Let
summons be issued to accused at the given address(es) through all
permitted modes including dasti on filing of PF within 180 days,
returnable on 09.12.2027.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
25.09.2026
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