Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 42CC NI ACT/1066/2024
Dinesh Kumar Vs. Shree Devi
(KARAWAL NAGAR)
13.02.2024
(VC Proceedings through CISCO Webex)
Present: Complainant with ld counsel Sh. Raj Kumar Mittal.
Ms. Afsana Saifi, Ld counsel for the proposed accused
through VC.
Matter is at the stage of consideration.
In compliance of previous order, ld counsel for the complainant has
filed affidavit of service of dasti court notice.
As per the report and upon submission of ld counsel for the
proposed accused, dasti court notice has been duly served.
An opportunity was granted to the proposed accused under proviso
to 223 BNSS to which counsel for proposed accused has stated that proposed
accused does not wish to say anything at this stage.
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(s) bearing No. 288302 of Punjab National Bank, Krishna Nagar
Branch, Delhi 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 Shree Devi.
Since, ld counsel for accused has appeared today, dasti
summons are dispensed with.
It is submitted by ld counsel for the accused that he has not
received the copy of the complaint and his mobile number is 8010411745
Complainant/reader is directed to provide the copy of the complaint
alongwith documents to the accused within 14 days.
Accused is directed to appear before the court, if he does not
receive the copy within 14 days for collection copy of the complaint.
Ld. Counsel for the accused undertakes to vakalatnama on NDOH.
Matter be put up for framing of notice /furnishing of Bail Bond on
08.05.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/13.02.2024
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