Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 38CC NI ACT/200/2024
Central Bank Of India Vs. Anil
23.05.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Ram Raghvendra Kumar, ld counsel for the complainant
through VC.
Matter is at the stage of consideration.
Application filed for taking on record the statement of account,
Sanction letter, Loan agreement qua legal liability of the accused.
Considering the stage of the trial and legal liability of the accused,
the aforesaid documents are allowed to be taken on record and copy be supplied
to opposite side.
Arguments on behalf of the complainant heard on point of
cognizance as well as summoning.
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.
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.
Dasti summons be issued against the accused ANIL(signatory to
the cheque) on filing of PF within 15 days for NDOH for the purpose of speed
post/self delivery to the accused.
Complainant is directed to file Tracking Report on 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
25.08.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/23.05.2025
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