Order 1

Order Details: COPY OF ORDER
Pdf Text: C.C. No. 40078-24 & 40080-24
Manish Bindal Vs. Padam Chawla
30.07.2024.
Undersigned is also working as Link JMFC to the Court
of Sh. Abhinav Singh, Ld. JMFC, NI Act04, PHC, NDD.
Fresh matter received by way of assignment. It be
checked and registered.
Present: Sh. Ankur Gupta, Counsel for complainant alongwith
complainant.
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
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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 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 24.10.2024.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post
be placed on record by NDOH.
Complainant is directed to file PF within 10 days
otherwise the complaint may be dismissed U/s. 204(4) Cr.P.C.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
30.07.2024
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