Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23CC NI ACT/317/2024
Abdul Wahid Vs. Muzzammil Hasan (Bhajan Pura)
06.03.2025
(VC proceeding through CISCO Webex)
Present: None for the complainant.
None for the proposed accused.
Matter is at the stage of arguments U/s. 5 of Limitation r/w Section 142
proviso.
Matter is adjourned due to want of both the counsels.
Put up for arguments U/s. 5 of Limitation r/w Section 142 proviso on
06.06.2025.
2:09pm
Present; Ms. Heema, ld counsel for the complainant.
Ld. Counsel for the complainant submits that there was only delay of one
day in filing the present complaint. She further submits that the aforesaid delay was
outside control of complainant and the delay was neither deliberate nor intentional in
nature.
Vide previous order, counsel for the proposed accused has appeared after
service of dasti court notice. No reply has been filed on behalf of proposed accused to
application U/s. 5 of Limitation r/w Section 142 proviso.
The application and material perused.
Considering the ground stated in the application and the negligible
amount of delay, the application to condone the delay in filing the present complaint is
allowed.
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 Muzzammil Hasan
(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
06.06.2025
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/06.03.2025
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