Full Order Text
Order 2 · 25 Jan 2025 · CNR DLND020439272024
Order Details: COPY OF ORDER Pdf Text: 51 CC NI ACT - 28346-2024 HAVELLS INDIA LTD Vs. VIKAS TRADING COMPANY 25.01.2025 Present: Mr. Mridul Shukla, Ld. Counsel for complainant. AR of the complainant (through VC). Pre cognizance notice issued to proposed accused returned back unserved. Ld. Counsel for the complainant has filed service report as per which the proposed accused has been served by way of email. Since none is present on behalf of proposed accused today his right at this stage to be heard stands waived off. 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. 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 -- 1 of 2 -- -2- 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 21.04.2025. 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-25.01.2025 -- 2 of 2 --