Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NO. 485/24
Amit Kumar Dhaka vs Rahul
01.07.2024
(VC Proceedings through CISCO Webex)
File taken up today as 30.06.2024 was holiday being Sunday.
Present: Complainant in person.
Matter is at the stage of consideration.
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.
Filing history is not filed by counsel despite direction.
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. 000004 of Bank of Baroda 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 RAHUL(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
26.09.2024.
(SNEHIL SHARMA)
JMFC/NI Act/Digital Court;
North-East/KKD/01.07.2024
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