Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 27 CC NI ACT 1091/2023
MUDGAL CO OPERATIVE URBAN THRIFT AND CREDIT SOCIET Vs.
DEEPANSHU PANCHAL /0 (Bhajanpura Circle)
22.08.2023
(VC Proceedings through CISCO Webex)
Present: Ms. Himani Mudgal, ld counsel for the complainant.
Matter is at the stage of consideration.
Amended memo alongwith affidavit U/s. 65 B Indian Evidence
Act is taken on record.
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. 430987 of Punjab National 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 DEEPANSHU
PANCHAL 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
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
04.11.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/22.08.2023
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