Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 86;Cc Ni Act 47269/2026 Capital India Finance Limited Vs Rajdipbhai Mahendrsinh Parmar
87;Cc Ni Act 47270/2026 Capital India Finance Limited Vs Raju Navnath Pathare
88;Cc Ni Act 47271/2026 Capital India Finance Limited Vs Anup Kumar Yadav
90;Cc Ni Act 47273/2026 Capital India Finance Limited Vs Kotte Mallesham
91;Cc Ni Act 47274/2026 Capital India Finance Limited Vs Mangali Anjaneyulu
95;Cc Ni Act 47278/2026 Capital India Finance Limited Vs Parmar Ranjitsinh
96;Cc Ni Act 47279/2026 Capital India Finance Limited Vs Ramdas Gorakh Shinde
97;Cc Ni Act 47280/2026 Capital India Finance Limited Vs Bhudhabhai Mahijibhai Parmar
98;Cc Ni Act 47281/2026 Capital India Finance Limited Vs Jaymala Dattatray Kadam
99;Cc Ni Act 47282/2026 Capital India Finance Limited Vs Gohel Umedbhai Natvarbhai
100;Cc Ni Act 47283/2026 Capital India Finance Limited Vs Dheeravath Bhaskar
101;Cc Ni Act 47284/2026 Capital India Finance Limited Vs Dhara Singh
102;Cc Ni Act 47285/2026 Capital India Finance Limited Vs Pavar Sunita Popat
103;Cc Ni Act 47286/2026 Capital India Finance Limited Vs Damor Jitendrbhai Uttambhai
104;Cc Ni Act 47287/2026 Capital India Finance Limited Vs Raijibhai Pratapbhai Parmar
105;Cc Ni Act 47288/2026 Capital India Finance Limited Vs Geeta
106;Cc Ni Act 47289/2026 Capital India Finance Limited Vs Chandansinh Devusinh Zala
107;Cc Ni Act 47290/2026 Capital India Finance Limited Vs Parmar Minaben Laljibhai
108;Cc Ni Act 47291/2026 Capital India Finance Limited Vs Neha
109;Cc Ni Act 47292/2026 Capital India Finance Limited Vs Tarachand Lalitha
112;Cc Ni Act 47295/2026 Capital India Finance Limited Vs Yugandhar Eluri
114;Cc Ni Act 47297/2026 Capital India Finance Limited Vs Chanchal Jat
115;Cc Ni Act 47298/2026 Capital India Finance Limited Vs Rohitash Swami
21.05.2026
Fresh case received by way of assignment through e-filing. It be
checked and registered.
Present : Ms. Riya Kumari, Ld. counsel for complainant.
Physical file submitted.
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, 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
-- 1 of 2 --
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
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 06.11.2027.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
21.05.2026
-- 2 of 2 --