Order 3

Order Details: COPY OF ORDER
Pdf Text: 22. CC NI ACT 12433-2023
SAHINA KHATOON Vs. VISHWAS SHARMA
(Inder Puri)
13.09.2023
Present: Ms. Smriti Chaturvedi, ld. counsel for complainant
with complainant. (through VC).
Sh. Dheeraj Kumar Sharma, Ld. counsel for the
complainant.
Ld. counsel for the complainant has filed bank return
memo dated 06.06.2023 and 21.06.2023 bearing the stamp of the
bank. Same 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.
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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 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 on filing of
PF/RC/Speed post / electronic mode within 7 days and
authorized courier returnable on 25.10.2023.
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.
(Neha Garg)
MM (NI Act)-02-RADC
NDD-ND-13.09.2023
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