Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 73 CC NI ACT / 20511/2024
Kotak Mahindra Prime Limited Vs. Manoj Kumar Gupta
04.07.2024
There is pendency of more than 11,000 cases in the present court,
therefore, it is not possible to give shorter date in the cases.
Present: Sh.Chetan Yadav, Ld. Counsel for Complainant
(through VC).
I have perused the complaint and the accompanying
documents. 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. 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. No other witness is sought to be examined
on behalf of the complainant at this stage. Accordingly, PSE
stands closed. For the purposes of identification, the evidence
affidavit is now marked as Ex-CW1/A.
The complaint has been filed within the period of
limitation and is within the jurisdiction of this court.
Relevant inquiry u/s. 202 CrPC conducted. On the
basis of the averments contained in the complaint, the evidence
by way of affidavit and the inquiry conducted by this court, there
are sufficient grounds for proceeding against the accused in the
present matter.
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Let summons be issued to the accused through all
permissible modes on filing of PF within 20 days from today,
returnable on 23.01.2025. In case the house of the accused is
found to be locked, process server is directed to affix the
summons on conspicuous place.
Summons be also sent through speed post and
internet generated tracking report of summons sent through speed
post be placed on record by NDOH.
Complainant is directed to file PF and to provide
copy of complaint to the accused otherwise the complaint may be
dismissed U/s. 204(4) Cr.P.C.
(Anurag Chhabra)
JM First Class (NI Act-03)/PHC/NDD
04.07.2024
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