Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 24 CC NI ACT / 68924/2025 Escorts Kubota Limited Vs.
MATRIBHUMI AUTOMOBILESGRA /0 (Barakhamba Road)
05.08.2026
Present: Sh. Puneet Bajaj, Ld. Counsel for complainant.
The present complaint has been filed under Section 138 of
the Negotiable Instruments Act, 1881, alleging dishonour of cheque for
insufficiency of funds.
It is averred that the accused issued two cheques bearing
No. 394567 dt. 11.08.2025 for the sum of Rs.21,00,000/- and cheque
bearing no. 394562 dated 14.08.2025 for an amount of Rs.22,00,000/- both
drawn on State Bank of India, SME Branch, Salt Lake, Kolkata.
The said cheque was presented by the complainant within
the statutory period for encashment and was dishonoured on 26.08.2025
with the remarks “Account Closed”, as per the return memo on record.
Thereafter, the complainant sent a legal demand notice
dated 16.09.2025 through registered post / speed post, calling upon the
accused to make payment of the cheque amount within 15 days from the
date of receipt. The postal receipts and tracking report are filed.
The complaint has been filed on 09.10.2025 which is
within the statutory period of one month from the expiry of 15 days after
service of legal notice, as required under Section 142(b) of the NI Act.
Hence, the complaint is found to be within limitation.
The complainant has filed pre-summoning evidence by way of
affidavit under Section 200 Cr.P.C., relying upon the following documents:
(a) Original cheque,
(b) Return memo,
(c) Copy of legal notice,
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(d) Postal receipts and tracking report, and
(e) Proof of authority / ledger account / invoice (if any).
From a perusal of the complaint, affidavit and documents, a prima
facie case under Section 138 NI Act is made out against the accused. The
essential ingredients of the offence, drawing of cheque, presentation
within validity, dishonour, issuance of legal notice within 30 days, and
failure to make payment within 15 days, are duly satisfied at this stage.
1. Let summons be issued to the accused for the offence under
Section 138 NI Act, returnable on the NDOH.
2. Process fee be filed within seven days. Copy of the complaint and
supporting documents be supplied along with summons.
3. The complainant is directed to file fresh address / contact details
of the accused, including email and WhatsApp number if available, to
facilitate electronic service in terms of the directions of the Hon’ble
Supreme Court for expeditious disposal of cheque bounce cases.
Be put up on 21.04.2027.
(Ankit Mittal)
JMFC-08, PHC, ND
05.08.2026
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