Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 8 CC NI ACT 770/2023
SHRIRAM TRANSPORT FINANCE LTD. Vs. AARIF (Bhajanpura Circle)
02.04.2024
(VC Proceedings through CISCO Webex)
Present: Sh. Tushar Chandra Mishra, AR for the complainant with
coiunsel Sh. Mohit Chawla.
Matter is at the stage of consideration.
Photograph qua the physical verification of address is filed.
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.257403 of Canara Bank 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 Aarif 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
05.08.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/02.04.2024
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