Order 2

Order Details: COPY OF ORDER
Pdf Text: 47CC NO. 481/2024
STF vs Mohd. Jishan
18.11.2024
(VC Proceedings through CISCO Webex)
Present: Sh. Tushar Chandra Mishra, AR for the complainant with
counsel Sh. Arvind.
Matter is at the stage of consideration.
Original file received.
Counsel for the complainant assured that the case is within the limitation
and if it is not, he is ready to face the consequance qua the case.
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. 359245 of Ujjivan Small Finance Bank, Yamuna Vihar, East
Delhi 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 Dasti summons be issued against the accused Mohd. Jishan
(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
28.02.2025
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/18.11.2024
The undersigned has joined recently and digital signatures are yet to be issued. The ordersheets are being signed by
hand and kept in the file. Therefore, the Orders will be uploaded on CIS without digital signatures of the undersigned.
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