Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: 25 CC NI ACT / 25197/2024 New Saraswati House India Pvt Ltd Vs.
M/s Buxar Book World
07.08.2025
There is pendency of more than 18,000 cases in the present court,
therefore, it is not possible to give shorter date in the cases and the
present court is working with only one Stenographer.
Present : Sh. Naveen Kumar Tripathi, Ld. Counsel for
complainant through VC.
Sh Nitin Kumar, Ld. Counsel for the proposed accused.
Matter is listed for arguments at the stage of pre
cognizance.
Memo of appearance filed by ld. Counsel for proposed
accused. Same be taken on record.
Ld. Counsel for proposed accused has submitted that the
accused has already received copy of the complaint.
A perusal of the file reveals that cheque bearing no.
000400 was issued on 07.05.24. The same was returned on 13.05.24
with the comment ‘account closed’. The legal demand notice was sent
on 22.05.24 (the day on which the return memo is received is
excluded for the purposes of calculating the period of limitation for
sending the legal demand notice within 30 days). The legal demand
notice was delivered on 25.05.24. The present complaint came to be
efiled on 05.07.24. The same appears to be within the period of
limitation.
Pre-summoning evidence by way of affidavit and other
annexed documents perused. This court finds sufficient material to
proceed ahead with the case at hand. I take cognizance of the offence
punishable u/s 138 NI Act.
Following the law laid down in
A. C. Narayanan Vs.
State of Maharashtra & Anr.” (2014) 11 SCC 790, complaint, pre-
summoning evidence by way of affidavit and other documents
considered. In view of the same, there are sufficient grounds for
proceeding further against accused Bipin Kumar Thakur (Prop. of M/s
Buxar Book World), for offence punishable under Section 138 N. I.
Act.
There is no need to issue summons in the matter as the
accused is already aware of the proceedings.
Since the offence is bailable, accused is admitted to bail
subject to furnishing of Bail Bonds in the sum of Rs. 20,000/-, with
one surety of like amount .
Ld. Counsel for accused seeks time to furnish the bail
bonds. Heard and time granted.
Be put up for furnishing of bail bonds and framing of
NOA on 15.10.25.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/07.08.2025
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