Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CC NI ACT / 46/2025
Akash Vs. Jai Prakash /0 (KARAWAL NAGAR)
28.07.2025
(VC Proceedings through CISCO Webex)
Present: Sh. S.S. Rajora, Ld Counsel for the complainant through VC.
Proposed accused with counsel Sh. Virendra Kumar.
Arguments on behalf of the complainant heard on point of cognizance as well
as summoning.
Ld. Counsel for proposed accused has argued that since legal notice was not
served upon the proposed accused, essential ingredients of Section 138 NI Act does not
stands satisfied. He has relied upon GPA etc. showing that the address was demised by the
proposed accused in 1998. Opposed on the ground of contemporary document namely voter
ID card etc.
Heard. The same appears to be an issue of fact being a subject matter of trial
and not a sufficient ground to deny cognizance. Further, present complaint is filed alleging
that accused had issued the cheque/cheque(s) 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.
No requirement of PSE in view of judgment of A.C. Naraynan vs State of
Maharastra, AIR 2014 SC 630.
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.
Since ld counsel for accused has appeared, deemed service of summons.
Accused is admitted to bail on furnishing bail bonds of Rs.10,000/- with one
surety in the like amount. Bail bonds not furnished. Time sought. Allowed. Accused is also
directed to upload the same on portal.
Matter be put up for furnishing of Bail Bond/framing of notice on 16.09.2025.
(AAKASH MOHAN SINGH)
JMFC/NI Act/Digital Court;
North-East/KKD/28.07.2025
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