Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Case No. 157923
Gurminder Singh Vs. M/s. Nand Kishore Malhotra & Co.
08.07.2023
The undersigned is also working as 1st Link MM to
the Court of Sh. Abhinav Singh for first half day and 2nd Link MM
to the Court of Sh. Sahil Khurmi, Ld. MM, RAC, NDD for first half
day.
Present: Sh. Avtar Singh, Counsel for complainant alongwith
complainant.
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.
Primafacie, there is sufficient material to proceed further.
Accordingly, this Court takes cognizance of the offence U/s. 138 of
NI Act.
The complainant/AR of complainant has also filed his
evidence by way of affidavit Ex. CW1/A to prove the averments
made in the complaint. It has led PSE by tendering the affidavit. The
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complainant/AR of complainant has reiterated the facts as averred in
the complaint. Further, the complainant/AR of complainant states
that the complainant does not wish to lead any further PSE. Thus,
presummoning evidence on behalf of complainant is closed.
I have heard arguments on point of summoning and
perused the complaint, evidence by way of affidavit, bank memo,
cheque, demand notice and other documents on record. Prima facie
the complaint is within limitation. In view of the averments made in
the complaint, this Court has territorial jurisdiction to entertain this
complaint. No other offence other than Section 138 of NI Act is made
out against the accused person(s). It is a settled law that sole
proprietor and its firm are one and same person in the eyes of law.
Accordingly, let summons be issued to Kamal Kishore Malhotra,
proprietor of M/s. Nand Kishore Malhotra and company at the given
address(es) on filing of PF within 15 days, returnable on 31.08.2023.
(Pankaj Rai)
M.M.05 (NI Act) NDD/RAC
08.07.2023
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