Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 28CC NI ACT/1157/2024
Pradeep Kumar Vs. AVR INFRA AND DEVELOPERS
(KARAWAL NAGAR)
03.01.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Braham Prakash Sharma, Ld. counsel for the complainant.
Matter is at the stage of consideration.
PF filed.
Ld. Counsel for the complainant has e-filed tracking reports qua
service of dasti court notice through speed post at the office and house address
of the proposed accused. As per the report, the dasti court notice has been
delivered at the office address of the proposed accused.
Since, proposed accused has not put in appearance, therefore
compliance U/s. 223 BNSS duly made.
Ld. Counsel for the complainant submits that he has handed over
the original file. Ahlmad is directed to keep the file in his safe custody.
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. 548452 of Axis Bank, Indirapuram, Ghaziabad, UP 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.
4 Dasti summons be issued against the accused AVR INFRA AND
DEVELOPERS through Prop. Ajit Singh Rana (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
02.05.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/03.01.2025
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