Order 4

Order Details: COPY OF ORDER
Pdf Text: 14 Ct Cases 6437/2023
ESCORTS KUBOTA LIMITED Vs. MURLIDHAR MEENA
03.10.2024
Undersigned is also working as Link JMFC to the Court
of Sh. Abhinav Singh, Ld. JMFC (NI Act) -04, PHC, NDD.
Present: Ms. Jyoti Nayak, Counsel for complainant (through VC).
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
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.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
03.10.2024
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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 accused no.1 is a partnership
firm and accused no. 2, 3 & 4 are the partners of accused no. 1. As per
explanation to Section 141 of the Negotiable Instrument Act, company
includes a firm. The dealer sales and service agreement dated
01.08.2018 between the complainant and accused no.1 have been
signed by accused no.2, 3 & 4. Therefore, let summons be issued to all
the partners alongwith accused no.1 partnership firm at the given
address(es) on filing of PF within 10 days, returnable on 24.02.2025.
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be
placed on record by NDOH.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
03.10.2024
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