Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 15CC NI ACT 564/2023
NITIN RASTOGI Vs. ABHISHEK GIRI
13.07.2023
(VC Proceedings through CISCO Webex)
Present: Sh. Kamal Jindal, Ld. Counsel for the complainant alongwith
complainant.
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.
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.031425, 031426 and 031427 of ICICI Bank, tothe
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 Abhishek Giri
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.
Dasti summons be also issued.
PF be filed within fifteen working days.
Matter be put up for appearance of accused on 20.10.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/13.07.2023
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