Order 3

Order Details: COPY OF ORDER
Pdf Text: 37CC NI ACT/816/2024
Kripal Singh Tomar Vs. Shiv Ram Verma/0 (Bhajan Pura)
01.04.2025
(VC Proceedings through CISCO Webex)
Present: Complainant with ld counsel Sh. Harshit Khanna.
Matter is at the stage of consideration.
Tracking report qua service of dasti court notice through speed post
received back with remark “door locked-intimation served”. It is deemed service.
Taken on record.
Since, proposed accused has not put in appearance, therefore
compliance U/s. 223 BNSS duly made.
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.
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 Shiv Ram
Verma(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
03.07.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/01.04.2025
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