Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 18 CC NI ACT 1126/2023
GULFAM AHMAD Vs. MOHD IRFAN /0 ()
07.10.2023
(VC Proceedings through CISCO Webex)
Present: Mr. Arman Saifi, Ld. counsel for the 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. 000002 of Kotak Mahindra 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 dasti summons be issued against the accused MOHD IRFAN 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
19.01.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/07.10.2023
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