Order 1

Order Details: COPY OF ORDER
Pdf Text: 27 CC No. 459/2023
Kamal Nain Sharma Vs. Uday Singh
PS (Gokulpuri Circle)
18.05.2023
(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. Reader is directed to keep the file in his safe custody.
Ld. Counsel for the complainant submits that he shall be filing the fresh
address of accused.
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. 768968 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 Uday Singh at his fresh
address 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.
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond and
framing of notice on 12.07.2023.
(NIDHI BALA)
MM/NI Act/Digital Court;
North-East/KKD/18.05.2023
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