Order 3

Order Details: COPY OF ORDER
Pdf Text: 1 Ct Cases 3699/2023
MANOJ KUMAR Vs. ASHISH KUMAR BHATIA
21.06.2024
Present: Sh. Geetesh Meena, Counsel for complainant.
Complainant in person.
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.
Prima-facie, there is sufficient material to proceed further.
Accordingly, this Court takes cognizance of the offence U/s. 138 of NI Act.
The complainant/AR of complainant has also filed his
evidence by way of affidavit Ex. CW1/A to prove the averments made in
the complaint. It has led PSE by tendering the affidavit. The
complainant/AR of complainant has reiterated the facts as averred in the
complaint. Further, the complainant/AR of complainant states that the
complainant does not wish to lead any further PSE. Thus, pre-summoning
evidence on behalf of complainant is closed.
I have heard arguments on point of summoning and perused the
complaint, evidence by way of affidavit, bank memo, cheque, demand
notice and other documents on record. Prima facie the complaint is within
limitation. In view of the averments made in the complaint, this Court has
-- 1 of 2 --
..2..
territorial jurisdiction to entertain this complaint. No other offence other
than Section 138 of NI Act is made out against the accused person(s).
Perusal of the record shows that accused in an individual. Cheque
also bears the signature of the accused. Let summons be issued to accused
through all permitted modes at the given address(es) on filing of PF within
10 days, returnable on 07.11.2024.
Summons be also sent through speed post and internet generated
tracking report of summons sent through speed post be placed on record by
NDOH.
As per the guidelines laid down as in the case titled as “Damodar
S. Prabhu Vs. Sayed Babalal H”, AIR2010(SC) 1907, Ahlmad is directed to
make a mention on the summons issued against the accused (by adding
separate sheet, if required) that “accused can make an application for
compounding of the offence at the first and second hearing of the case and if
such an application is made, compounding may be allowed by the Court
without imposing any costs on the accused.” Complainant is directed to file
PF within 10 days otherwise the complaint may be dismissed U/s. 204(4)
Cr.P.C.
(Nishi Jindal)
M.M.-05 (NI Act) NDD/RACC
21.06.2024
-- 2 of 2 --