Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 53 Cc Ni Act / 61092/2024 Hero Fincorp Ltd Vs. Muralasetty
Suryanarayana
55 Cc Ni Act / 61095/2024 Hero Fincorp Ltd Vs. Mahendra Singh
Rajpoot
65 Cc Ni Act / 61106/2024 Hero Fincorp Ltd Vs. Sarafuddin
29.07.2026
Present : Sh. Rohan Talwar, 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
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
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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 180 days,
returnable 21.04.2028.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
29.07.2026
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