Order 10

Order Details: COPY OF ORDER
Pdf Text: 135 Ct Cases 2023/2023
Ravinder Kumar Vs. Rajender Kumar
19.09.2025
Present : 	Sh. A. K. Rai, Ld. counsel for complainant appeared
through VC.
None for proposed accused.
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
the AR of the complainant and the documents relied upon by the
complainant. Application for condonation of delay was allowed on
LDOH. 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/X.
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
SIDDHANT
KUMAR
Digitally
	signed by
	SIDDHANT
	KUMAR
Date:
	2025.09.19
	15:51:28
	+0530
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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 	on 	filing 	of 	PF 	within 	30 	days, 	returnable
08.01.2026.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be
placed on record by NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
19.09.2025
SIDDHANT
KUMAR
Digitally signed
by SIDDHANT
KUMAR
Date:
2025.09.19
15:51:34 +0530
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