Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6CC NI ACT430/2023
SHRIRAM TRANSPORT FINANCE CO.LTD. Vs. MOHD SHAHZAD
(Bhajan Pura)
15.04.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Tushar Chandra Mishra, AR for the complainant.
Sh. Vipin Kumar Raghav, ld counsel for the complainant through
VC.
Matter is at the stage of consideration.
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 Mohd. Shahzad
(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
01.08.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/15.04.2025
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