Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 49 CC NI ACT 27171/2023
PHARMACEUTICALS AND MEDICAL DEVICES BUREAU OF INDI
Vs. KARNATI VENKATA SRINU /0 (Parliament Street)
17.08.2024
There is pendency of more than 11,000 cases in the present court, therefore,
it is not possible to give shorter date in the cases.
Present: Sh. Kaushal Kishore, Ld. counsel for the complainant.
Cheque bearing no. 000030 for an amount of Rs. 80,000/-
was allegedly issued by the accused to the complainant on 24.07.2023
which got dishonoured on 26.07.2023 with remarks “Funds Insufficient”
and a legal demand notice dated 22.08.2023 was served upon the accused
on 01.09.2023.
I have perused the complaint and the accompanying
documents. 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. 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. No other witness is sought to be examined on behalf of the
complainant at this stage. Accordingly, PSE stands closed. For the purposes
of identification, the evidence affidavit is now marked as Ex-CW1/A.
The complaint has been filed within the period of limitation
and is within the jurisdiction of this court.
Relevant inquiry u/s. 202 CrPC conducted. On the basis of
the averments contained in the complaint, the evidence by way of affidavit
and the inquiry conducted by this court, there are sufficient grounds for
proceeding against the accused in the present matter.
Let summons be issued to the accused through all permissible
modes on filing of PF within 20 days from today, returnable on 07.01.2025.
In case the house of the accused is found to be locked, process server is
directed to affix the summons on conspicuous place.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be placed on
record by NDOH.
Complainant is directed to file PF and to provide copy of
complaint to the accused otherwise the complaint may be dismissed U/s.
204(4) Cr.P.C.
(Anurag Chhabra)
JM First Class (NI Act-03)/PHC/NDD
17.08.2024
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