Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 73 Ct Cases 1602/2024
Kotak Mahindra Bank Limited Vs. Mahendra Kumar Gupta
29.06.2024
Undersigned is also working as Link MM to the Court of
Sh. Abhinav Singh, Ld. MM, (NI Act), PHC, NDD.
Present: Sh. Abhishek Kumar, Counsel for the complainant
alongwith AR.
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.
Prima-facie, 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 to prove the averments made in
the complaint. It has led PSE by tendering the affidavit. The
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, pre-
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summoning 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).
Perusal of the record shows that accused in an individual.
Cheque also bears the signature of the accused. Let summons be
issued to accused through all permitted modes at the given address(es)
on filing of PF within 10 days, returnable on 28.09.2024.
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 within 10 days otherwise
the complaint may be dismissed U/s. 204(4) Cr.P.C.
(Nishi Jindal)
M.M.-05 (NI Act) NDD/RACC
29.06.2024
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