Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: / () 75 CC NI ACT / 32808/2024 SUNNY CHAWLA Vs. M/S KARA PETTECH PVT LTD /0 ()
27.05.2025
Present: Ms. Latika Goyal and Ms. Gauri Batra, ld. counsels for complainant.
Tracking report alongwith supporting affidavit has been filed as per which the notice has been duly
served upon the proposed accused no.2 and 3 through email and whatsapp. However despite service none is present
on behalf of the proposed accused. Therefore their right to be heard at this stage stand waived off.
Arguments on pre-cognizance heard.
Arguments on the point of maintainability of the case heard.
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 accused.
Accordingly, PSE is being dispensed with.
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.
There is sufficient material on record to proceed against accused as prima facie offence u/s 138 NI
Act appears to have been committed. I hereby take cognizance of the same.
Let summons be issued to accused on filing of PF/RC/Speed post / electronic mode within 30 days
and authorized courier returnable on 06.08.2025.
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.
(Surbhi Sharma)
JMFC(NI Act)-02-PHC
NDD-ND-27.05.2025
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