Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 9 Ct Cases / 2715/2024
M/S First Flight Courier Vs. M/S Summit Advertising
07.01.2026
Present : 	Sh. Atul Sharma, Ld. counsel for complainant appeared
through VC .
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. 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.CW-1/1.
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. 	SIDDHANT
KUMAR
Digitally signed
by SIDDHANT
KUMAR
Date:
2026.01.07
16:06:31 +0530
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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 the
proprietor. The cheque also bears the signatures of the accused. Let
summons be issued to accused at the given address(es) through all
permitted modes including dasti on filing of PF within 30 days,
returnable 16.05.2026.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
07.01.2026
SIDDHANT
KUMAR
Digitally signed
	by SIDDHANT
	KUMAR
Date:
	2026.01.07
	16:06:35 +0530
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