Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 22 CC NI ACT 445/2023
SH. AKHILESH PATHAK Vs. SH. SHUBHAM @ SHUBHAM SRIVASTAVA
(Bhajan Pura)
05.09.2023
(VC Proceedings through CISCO Webex)
Present: None for the complainant.
Matter is at the stage of consideration.
Affidavit alongwith relevant documents qua the address of the accused is
filed by the counsel for the complainant. Same is taken on record.
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.
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. 860048 of State Bank of India 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 Let summons be issued against the accused SH. SHUBHAM @
SHUBHAM SRIVASTAVA through all available modes including electronic mode and
speed post. The process server is further 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. Dasti summons be issued on filing of PF within
15 days for 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
24.11.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/05.09.2023
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