Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 101;Cc Ni Act 42922/2026
Isbit Chaudhary Vs Rajpal
12.05.2026
Fresh case received by way of assignment through e-filing. It be
checked and registered.
Present : Complainant in person.
Physical file submitted by complainant.
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 dishonored. 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, the evidence by way of
affidavit 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.CW-1/A.
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
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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 the accused is an
individual. The cheque also bears the signatures of the accused. Let
summons be issued to accused at the given address(es) through all
permitted modes including dasti on filing of PF within 90 days,
returnable 05.02.2027.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
12.05.2026
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