Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 41CC NI ACT/261/2025M/S HRADESH ENTERPRISES Vs. M/SSHREE SHYAM
HANDLOOM/0 (KARAWAL NAGAR)
09.07.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Adesh Kumar, Ld. Counsel for complainant.
Notice served.
Proposed accused absent.
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.
No requirement of PSE in view of judgment of
A.C. Naraynan vs State
of Maharastra, AIR 2014 SC 630.
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 (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
22.11.2025.
(AAKASH MOHAN SINGH)
JMFC/NI Act/Digital Court;
North-East/KKD/09.07.2025
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