Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 2 CC NI ACT 96/2023 ASHOK KUMAR ARORA Vs. ANIL KAPOOR
29.08.2023
(VC Proceedings through CISCO Webex)
Present: None for the complainant.
Matter is at the stage of consideration.
Perusal of record shows that complainant appeared on LDOH after issuance
of court notice. Howe ver, he is absent today also.
One ultimate opportunity is given to the complainant to lead his case, else
the case will be dismissed for non-prosecution.
Put up for consideration on 23.09.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/29.08.2023
12:13pm
Present: Complainant in person.
Matter is at the stage of consideration.
Ld. Counsel for the complainant submits that he has handed over the original
file. Reader is directed to keep the file in his safe custody.
1. Arguments on behalf of the complainant heard on point of cognizance as well as
summoning.
2. Present complaint is filed alleging that accused had issued the cheque(s) bearing
No.073523 , 078304 , 073525, 078305 of Bank of India, 733827 of Punjab National
Bank to the complainant to discharge his/ her legal liability which got dishonored.
Thereafter, complainant sent a legal demand notice and despite service of the same, accused
failed to make the payment and thereby complainant prays to take cognizance U/Sec.142 of
Negotiable Instruments Act, 1881 for the offence punishable U/Sec. 138 of Negotiable
Instruments Act, 1881.
3. After considering the present complaint, attached documents and the evidence of
complainant by way of affidavit which is considered qua the requirement of section 202 of
Cr.PC, I am of the view that Prima facie case is made out for the offence U/Sec. 138 of NI
Act,1881, therefore, I take the cognizance in the present case for the offence punishable
U/Sec. 138 of NI Act,1881.This court is of further opinion that prima facie there is
sufficient material to proceed against the accused.
4 Let summons be issued against the accused ANIL KAPOOR through all
available modes including electronic mode and speed post. The process server is further
directed that in the event of house/office/premises is found to be locked/refused to accept
the service/any other contingency of such a nature, the process be served through affixation.
Dasti summons be issued on filing of PF within 15 days for NDOH. Complainant is also
given an opportunity to file fresh address of accused alongwith affidavit of physical
verification alongwith Google location of verification and photographs of the house.
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond on 10.11.2023.
(date already fixed is hereby cancelled)
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/29.08.2023
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