Full Order Text
Order 2 · 07 Aug 2023 · CNR DLND020226132023
Order Details: COPY OF ORDER Pdf Text: 1. CC NI ACT 11678-2023 AMAZING RESEARCH LABORATORIES LIMITED Vs. PRAMOD KUMAR JAISWAL 07.08.2023 Present: Sh. Aruni Poddar, Ld. counsel for complainant (through VC). E-filing history has been filed on the official email ID of this Court. Printout of the same is taken out and be taken on record. Arguments on the point of maintainability of the case heard. There is sufficient material on record to proceed against accused, prima facie offence u/s 138 NI Act appears to have been committed. I hereby take cognizance of the same. 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. As per the judgment of the Honble Supreme Court in A.C. Narayanan Vs. State of Maharashtra & Anr. (2014) 11 SCC -- 1 of 2 -- -2- 790, Full Bench, examination of the complainant upon oath for issuance of process is a mater 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. I hereby take cognizance of the offence under Section 138 of the NI Act. At this stage, PSE being dispensed with. Let summons be issued to accused through SHO concerned on filing of PF within 15 days returnable on 19.10.2023. 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. (Sahil Khurmi) MM (NI Act)-02-RADC NDD-ND-07.08.2023 -- 2 of 2 --