Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Case No. 238123
Amazing Research Laboratories Ltd. Vs. Deepak Biswal
23.11.2023
Present: Sh. Arunit Podar, Counsel for the complainant through
VC.
The matter is at the stage of PSE / consideration. It is
submitted by Ld. Counsel for the complainant that the present matter
was instituted through online mode on 07.08.2023.
Arguments on summoning heard.
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.
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. The present complaint has been filed within the period
of limitation and within the jurisdiction of this Court. The original
documents have been exhibited in accordance with the pre
summoning evidence by way of affidavit and the affidavit of evidence
is Ex. CW1/X.
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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 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 accused Deepak Biswal is
the proprietor of Biswal Enterprises. The cheque also bears the
signatures of the accused Deepak Biswal who is mentioned as the
proprietor of above firm. Let summons be issued to accused,
proprietor of Biswal Enterprises through all permitted modes at the
given address(es) on filing of PF within 15 days, returnable on
02.03.2024.
(Pankaj Rai)
M.M.05 (NI Act) NDD/RAC
23.11.2023
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