Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: CC NI ACT - 25171-2024 25173-2024 25174-2024 25175-2024
25176-2024
Renu Singh Vs. Soha Developers Private Limited And Ors
27.03.2025
Present: Mr. Uday Sharma and Mr. Shailesh Sharma, Ld.
Counsel for complainant.
Mr. Anurag Sharma, Ld. Counsel for the accused.
(Memo of appearance filed).
Arguments of pre cognizance heard.
Arguments on the point of maintainability of the case
also heard.
As per the judgment of the Hon’ble 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
-- 1 of 2 --
-2-
entertain the complaint. Complaint has been filed within the
limitation period. All other statutory requirements have been
fulfilled.
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.
Since the accused has entered into appearance
through counsel, the summons are deemed to be served upon the
accused.
Put up for appearance of accused and for further
proceedings on 30.05.2025.
(Surbhi Sharma)
JMFC(NI Act)-02-PHC
NDD-ND-27.03.2025
-- 2 of 2 --