Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: 36 CC NI ACT 308/2023
CHHAYA Vs. RACHANA SHARMA
(Bhajanpura Circle)
04.05.2023
(VC Proceedings through CISCO Webex)
Fresh complaint received through e-filing and the same is checked
and registered.
Present: Ld. Counsel for the complainant.
Ld. Counsel for the complainant submits that he has handed over the
original file alongwith other related documents to the Reader-cum-Ahlmad of this
court. The said fact has been confirmed by the Reader-cum-Ahlmad of this court. He
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. This is the complaint filed by the complainant alleging that accused had issued
the cheque(s) bearing No. 068719 to the complainant to discharge his/ her the legal
liability towards the complainant which got dishonored vide return Memo. Thereafter
complainant, issued the legal demand notice to the accused. Despite service of the
same, accused failed has to make the payment as per provisions of Negotiable
Instruments Act, 1881 and 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, I am satisfied to proceed against the accused as
per the requirement of section 202 of Cr.PC and further I am of the view that Prima
facie case is made out for the offence punishable U/Sec. 138 of Negotiable
Instruments Act,1881, therefore I take the cognizance in the present case for the
offence punishable U/Sec. 138 of Negotiable Instruments Act,1881. Present
complaint has been filed within the period of limitation. Further, keeping in view the
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law laid down by Hon’ble Supreme Court of India in A.C.Narayan Vs. State of
Maharashtra (2014) 11 SCC 790, the formal examination of complainant again in
the court on oath at this stage is thereby dispensed with. Therefore, this court is of
opinion that prima facie there is sufficient material to proceed against the accused.
4 Let summons be issued against the accused Rachna Sharma ( as
provided in the memo of parties) through all available modes including speed post, E-
mail and What’s App on the mobile number and E-mail ID of accused (if provided by
complainant) for appearance through Video conferencing via link available on
website/mentioned on summon upon filing of PF/RC. The process server is also
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.
Ld. Counsel for complainant directed to file tracking report alongwith
certificate under section 65 B of Indian evidence Act on the NDOH.
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond and
framing of notice on 01.07.2023.
At request of Ld. Counsel for the complainant, summons be given dasti
also.
(NIDHI BALA)
MM/NI Act/Digital Court;
North-East/KKD/04.05.2023.
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