Full Order Text
Order 3 · 28 Jan 2025 · CNR DLND020438432023
Order Details: COPY OF ORDER Pdf Text: 25 CC NI ACT 26065-2023 HERO FINCORP LTD Vs. YOGESH SURESH CHIKNE 28.01.2025 Present: Mr. Rohan Talwar, Ld. Counsel for complainant. Previous process not received back. Tracking report has been filed by ld. Counsel for complainant as per which the notice on application for condonation of delay has been duly served upon the proposed accused. However, since none is present on behalf of the accused, his right to be heard at this stage stands waived off. It is submitted by ld counsel for the Complainant that there has been a delay of 7 days in filing the present compliance due to issues in the e-filing website of Delhi High Court. Though the reasons furnished are not substantiated, however, the delay in itself is not very substantial. Therefore, in the interest of justice it stands condoned. 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. -- 1 of 2 -- -2- 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. 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 05.08.2025. 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. (Surbhi Sharma) JMFC(NI Act)-02-PHC NDD-ND-28.01.2025 -- 2 of 2 --