Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2;Cc Ni Act 82393/2026
Yes Bank Limited Vs Rathi Special Steels Limited
3;Cc Ni Act 82394/2026
Yes Bank Limited Vs Rathi Bars Limited
24.09.2026
Fresh case received by way of assignment through e-filing. It be
checked and registered.
Present : Mr. Rishabh Sharma, 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
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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 no.1 is a
company and accused no.2 & 3 are the directors of accused no.2.
Let summons be issued to accused no.1, 2 and 3 at the given
address(es) through all permitted modes including dasti on filing of
PF within 90 days, returnable on 06.07.2028.
Complainant is directed to file tracking report and
affidavit of service on NDOH.
(Siddhant Kumar)
JMFC (NI Act)-05/PHC/NDD
24.09.2026
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