Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 118 CC NI ACT / 23755/2024 Apis India Limited Vs. R Babu Karthikeyan / ()
05.09.2024
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. Nikhil Verma, Ld. counsel for the complainant.
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.
Let summons be issued to the accused through all permissible modes on
filing of PF within 20 days from today, returnable on 08.01.2025. 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
05.09.2024
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