Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 56 CC NI ACT 16037-2023 M/S MOREPEN
LABORATORIES LIMITED Vs. RISHABH PHARMA
(Barakhamba Road
11.03.2024
Present: Mr. Kumar Chitranshu, Ld. Counsel for complainant.
GST certificate of the drawer of the cheque and
original cancelled (common for both cases) is placed on record by
the counsel for complainant. Same are taken on record.
Ld. Counsel for complainant submits that the present
complaint was e-filed on 02.09.2023. Counsel has placed on
record affidavit verifying the date of efiling.
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 matter 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 60 days and
authorized courier returnable on 08.08.2024.
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-PHC
NDD-ND-11.03.2024
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