Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 23CC NI ACT853/2023AVINASH Vs. SHUBHANSHU/0 (Bhajan Pura)
17.08.2023
(VC Proceedings through CISCO Webex)
Present: Sh. Abhishek, Ld. Counsel for complainant along with
complainant.
Matter is at the stage of consideration.
Certificate u/s 65 B under IEA is filed by the complainant. Taken on
record. It seems due delivery of legal notice through digital mode to the accused.
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. 024672 of Yes 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 Let summons be issued against the accused Subhanshu 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 issued on filing of PF
within 15 days for NDOH.
Complainant is also directed to file fresh address or affidavit
qua the physical verification of the address of accused along with google location
and photograph of the house.
PF be filed within fifteen working days.
Matter be put up for appearance of accused on 25.10.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/17.08.2023
-- 1 of 1 --