Interim Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 29 Cc Ni Act / 59967/2024
Sagar Kumar Singh Vs. Rajesh Kumar Singh
23.04.2026
Present : Ms. Anu Chaudhary, Ld. counsel for complainant.
Ms. Ekta Dhama, Ld. counsel for accused appeared
through VC.
Affidavit of service of notice filed by Ld. counsel for
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
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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.
Ld. counsel for accused has already appeared, she is
directed to ensure the presence of the accused on NDOH for
framing of notice and furnishing of bail bonds & surety in the sum
of Rs.10,000/-.
Complainant is directed to supply a copy of complaint
along-with its relevant documents to the opposite party today itself
on their email id and contact number i.e. advekta80@gmail.com and
9868224037.
List on 22.09.2026.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
23.04.2026
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