Order 2

Order Details: COPY OF ORDER
Pdf Text: 25 CC NI ACT / 336/2025
Dinesh Kumar Vs. SAPNA SAHA /0 (KARAWAL NAGAR)
26.07.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Yogesh Kumar, ld counsel for the complainant.
Notice served.
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(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.
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.
Let summons be issued against the accused 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 28.11.2025.
(AAKASH MOHAN SINGH)
JMFC/NI Act/Digital Court;
North-East/KKD/26.07.2025
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