Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 28 CC NI ACT 26493-2023
OM PRAKASH Vs. BILLO RANI
04.12.2023
Present: Mr. N. P. Singh, ld. counsel for complainant with
complainant.
Arguments on the point of maintainability of the
case heard.
There is sufficient material on record to proceed
against accused, prima facie offence u/s 138 NI Act appears to
have been committed. I hereby take cognizance of the same.
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
entertain the complaint. Complaint has been filed within the
limitation period. All other statutory requirements have been
fulfilled.
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
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accused. I hereby take cognizance of the offence under Section
138 of the NI Act. At this stage, PSE being dispensed with.
Let summons be issued to accused on filing of
PF/RC/Speed post / electronic mode within 15 days and
authorized courier returnable on 01.02.2024.
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.
Additionally, let court notice be issued to the
accused without PF for upcoming lok adalat to be held on
10.12.2023 at 10:00 for exploring the possibility of settlement.
To come up before this court for 01.02.2024 for
outcome of lok adalat, otherwise for appearance of accused and
for further proceedings.
(Neha Garg)
MM (NI Act)-02-PHC
NDD-ND-04.12.2023
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