Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 43 CC NI ACT - 21588-2024
DSD Enterprises Vs. Binod Keshan
07.09.2024
Today I am looking after the work of Ld. Link JM Ms. Akanksha
Garg.
Present: Mr. Vivek Bhagat, Ld. Counsel for complainant with
AR of the complainant.
Evidence affidavit of AR filed alongwith certain
documents.
Arguments on the point of maintainability of the
case heard.
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. Accordingly, PSE is being dispensed with.
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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There is sufficient material on record to proceed
against accused as prima facie offence u/s 138 NI Act appears to
have been committed. I hereby take cognizance of the same.
Let summons be issued to accused on filing of
PF/RC/Speed post / electronic mode within 30 days and
authorized courier returnable on 06.01.2025.
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)
JMIC (NI Act)-02- PHC
NDD-ND-07.09.2024
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