Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 115 CC NI ACT / 28643/2024
M/S BAXTER INDIA PRIVATE LIMITED Vs. MR KEDAR MUKUND TILVE
NG Silver Spring
10.06.2025
Present : Sh. Anupam Kumar, Ld. Counsel for the complainant alongwith
AR.
Sh. Bhupender Singh, Ld. counsel for the proposed accused.
Matter is at the stage of consideration.
It is argued by counsel for the proposed accused that it is only the
accused who can confirms whether the cheque belongs to him or not.
Perusal of the record shows that on LDOH, it was categorically
mentioned that proposed accused has to be present physically, however, he has
absented himself, deeming that he does not have the objection and does not dispute
the genuineness of the cheque. However, counsel for the proposed accused is
apprised that if the cheque does not belong to him, then he can bring the bank
witness any time to rebut the case.
Arguments heard.
The present complaint is filed for the offence punishable under
Section 138 of Negotiable Instruments Act, 1881. The Complaint is filed within
limitation and is within the territorial jurisdiction of this court. On the basis of the
averments contained in the complaint, an offence under Section 138 N.I. Act
appears to have been committed. In the considered opinion of this Court, prima
facie, there is sufficient material available on record to proceed further. I hereby
take cognizance of the offence u/S 138 NI Act.
In light of the decision of the full bench of Hon'ble Supreme Court
of India in
“A. C. Narayanan v. State of Maharashtra & Anr.” (2014) 11 SCC 790,
there is no requirement to examine the complainant at the pre-summoning stage for
the purpose of issuance of process against the accused. Complaint, evidence
affidavit and annexed documents considered. No other witness is sought to be
examined on behalf of the complainant at this stage. Relevant inquiry under
Section 202 Cr.P.C. conducted. In the considered opinion of this court, there are
sufficient grounds for proceeding against the accused in the present matter.
Therefore, accused Kedar Mukund be summoned, however, formal
sending of summons are not required as the proposed accused and his counsel has
appeared before the court.
Since the offence u/s. 138 NI Act is bailable in nature, the accused
is hereby released on bail on furnishing of personal bond in the sum of Rs. 20,000/-
with one surety of like amount. Bail Bonds not furnished.
It is submitted by counsel for the accused that his mobile number is
9718220101/9811502280 and his e-mail id is adv.chandramanidev@gmail.com.
Ld.Counsel for the complainant is directed to supply the copy of
complaint to the accused within 15 days.
It is also clarified to the accused that in case he does not get the
copy within the time, then he can collect the same after expiry of time.
Put up for framing of notice on 04.08.2025.
(Snehil Sharma)
Judicial Magistrate First Class (NI Act) – 01
PHC/New Delhi/10.06.2025
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