Order 10

Order Details: COPY OF ORDER
Pdf Text: 53 Ct Cases 41815/2024
Ginni Filaments Limited Vs. First care India Private limited
26.03.2025
Present: Sh. Mahek Aggarwal, Ld. Counsel for the complainant.
Matter is at the stage of consideration on the point of
cognizance.
At this stage, Counsel for complainant has filed copy of
postal tracking report as per which notice has been duly served. Same
be taken on record.
None has appeared on behalf of proposed accused since
morning. Accordingly, arguments are being heard in absence of
proposed accused.
Arguments heard.
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.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
26.03.2025
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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.
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 registered
company. Company master data has been submitted by the Ld.
Counsel which shows accused no.2 & 3 as the Directors of accused
no.1. It has been averred in the complaint that accused no.2 & 3 were
involved in management of the company.
(Nishi Jindal)
Judicial Magistrate First Class
(NI Act)-05/NDD/RACC
26.03.2025
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Record perused. Arguments heard.
This Court is satisfied that accused no.1 to 3 be summoned as
accused persons as their involvement is evident and accused no.2 & 3
as per the company master data were involved in day-to-day affairs of
accused no.1. Therefore, let summons be issued to accused no.1 to 3 at
the given address(es) on filing of PF within 10 days, returnable on
13.06.2025.
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
26.03.2025
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