Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 40CC NI ACT/415/2024Sachin Gaur Vs. Abdul Jabbar/0 (Dayal Pur)30.04.2025
(VC Proceedings through CISCO Webex)
Present: None for complainant.
Matter is at the stage of consideration.
Previous order is not complied by the complainant. One more
opportunity is given to the complainant to comply with the previous order.
Put up for 30.07.2025.
At 3:47 PM
Present: Sh. Ajay Tyagi, Ld. Counsel for complainant with complainant.
In compliance of previous order, dasti court notice served through self
delivery upon sister of the proposed accused. Report taken on record.
Since, proposed accused has not put in appearance, therefore compliance
U/s. 223 BNSS duly made and it seems that proposed accused has no objection delay in
filing the present complaint. Accordingly, upon no objection of the proposed accused
and after perusing the present application for condonation of delay and relevant medical
documents qua the father of the counsel Ved Prakash, the delay in filing the present
complaint stands condoned.
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/proprietor Abdul Jabbar
(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
30.07.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/30.04.2025
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