Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: Case No. 369823
Amorphos Chemicals Pvt. Ltd. Vs. Jyoti Ranjan
25.09.2023
Fresh matter received by way of assignment. It be
checked and registered.
Present: Sh. Sandeep Pal, Counsel for the complainant.
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
extended 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/A.
As per the judgment of Hon'ble Supreme Court in A.C.
Narayanan Vs. State of Maharashtra and Anr. 2014 11 SCC 790
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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 the accused Jyoti Ranjan
is the proprietor of M/s. Sulekha Stones. The cheque also bears the
signatures of the accused Jyoti Ranjan. Let summons be issued to
accused Jyoti Ranjan, proprietor of M/s. Sulekha Stones at the given
address(es) through all permitted modes on filing of PF within 15
days, returnable on 03.01.2024.
(Pankaj Rai)
M.M.05 (NI Act) NDD/RAC
25.09.2023
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