Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: C.C. No. 40290-24,
FUTUREHOME APPLIANCES Vs. ……………..
21.04.2025
Present: Ms. Sonam Jain, Ld. Counsel for the complainant.
AR of the complainant present (through VC).
Matter is at the stage of consideration on the point of
cognizance.
On LDOH, Ld. Counsel for complainant had filed copy of
postal tracking report as per which notice has been duly served. Same
be taken on record.
None has appeared on behalf of proposed accused since
morning. Accordingly, arguments are being heard in absence of
proposed accused.
Arguments heard.
Ld. Counsel for complainant has filed an affidavit as to
the effect that GST details of the proposed accused are not available
with them. Same is taken on record.
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
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
21.04.2025
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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.
I have perused the complaint, copy of authority letter in
favour of AR of the complainant, the evidence by way of affidavit of
the AR of the complainant and the documents relied upon by the
complainant. The present complaint has been filed within the period of
limitation and within the jurisdiction of this Court. The original
documents have been exhibited in accordance with the pre summoning
evidence by way of affidavit and the affidavit of evidence is Ex.
CW1/X.
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. There is sufficient material before this Court to
proceed against the accused. I hereby take cognizance of the offence
U/s. 138 of N.I. Act.
Perusal of the record shows that the accused Swetapurba
Parida is the proprietor of M/s. Utkal Traders. The mandate also bears
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
21.04.2025
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the signatures of the accused Swetapurba Parida in the capacity of
proprietor M/s. Utkal Traders. Let summons be issued to accused
Swetapurba Parida, proprietor of M/s. Utkal Traders at the given
address(es) on filing of PF within 10 days, returnable on 30.07.2025.
Summons be also issued through speed post and tracking
report be placed on record on NDOH.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
21.04.2025
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