Order 10

Order Details: COPY OF ORDER
Pdf Text: 23 CC NI ACT 10941-2023 MOHAN CLOTHING COMPANY
PVT. LTD. Vs. MANSI CREATIONS, THROUGH ITS SOLE
PROPRIETOR, MS ALKA GARG (Connaught Place)
27.03.2025
Present: Mr. Madhur G. Sapra, Ld. Counsel for complainant
(through VC).
Mr. N. K. Jha, Ld. Counsel for the accused. (Memo of
appearance filed). (Mob:9811540181)
It is submitted by ld counsel for the Complainant that
there has been a delay of 3 days in filing the present complaint
since the counsel was suffering from a viral fever. It is submitted
by ld. Counsel for the proposed accused that no medical
documents have been filed alongwith the complaint to substantiate
the said claim. Though the reasons furnished are not substantiated,
however, the delay in itself is not very substantial. Therefore, in
the interest of justice it stands condoned subject to cost of Rs.500/-
to be paid to the accused on NDOH.
Arguments on the point of maintainability of the case
heard.
As per the judgment of the Honble Supreme Court in
A.C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC
790, Full Bench, 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 complainant for the purpose of issuance of process. There is
sufficient material before this court to proceed against the accused.
Accordingly, PSE is being dispensed with.
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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.
Heard. Case file is perused. In the present case, upon
perusal of documents annexed and inquiry u/s 202 Cr.P.C. I am
prima facie convinced that the offence of dishonour of cheque u/s
138 NI Act has been made out against the accused. As per the
averments made in the present complaint, this court has the
territorial jurisdiction to entertain the complaint. Complaint has
been filed within the limitation period. All other statutory
requirements have been fulfilled.
There is sufficient material on record to proceed
against accused as prima facie offence u/s 138 NI Act appears to
have been committed. I hereby take cognizance of the same.
Let summons be issued to accused on filing of
PF/RC/Speed post / electronic mode within 30 days and
authorized courier returnable on 16.05.2025.
Complainant is also at liberty to furnish email or
whatsapp number of accused on the PF form for effective service
through electronic mode. Complainant is also directed to file PF
and provide the copy/ies of the complaint to the accused,
otherwise the complaint may be dismissed u/s 204 (4) Cr.PC.
In case of refusal, non-availability or premises of the
accused is found locked, summons be served by way of affixation.
(Surbhi Sharma)
JMFC(NI Act)-02-PHC
NDD-ND-27.03.2025
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