Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43 CC NI ACT / 344/2024
M/s Siyawar Co Operative Urban Thrift And Credit Society Ltd Vs. Bablu /0
(Bhajan Pura)
06.05.2024
(VC Proceedings through CISCO Webex)
Present: Sh. Nitin Kumar Jain, Ld. counsel for the complainant with
AR Sh. Sumit Kumar.
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.
Filing history is not filed by counsel despite direction.
Counsel for the complainant assured that the case is within the limitation
and if it is not, he is ready to face the consequance qua the case.
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.000004 of Kotak Mahindra 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 Dasti summons be issued against the accused(signatory to the
cheque) Bablu 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.
Put up for settlement/Lok adalat, if any on 11.05.2024.
In case of failure, put up for purpose fixed on appearance of
accused/furnishing of Bail Bond on 11.09.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/06.05.2024
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