Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 47 CC NI ACT 1323/2023 GULAB SINGH Vs. PUNAM MEHRA /0 (Bhajan Pura)
25.01.2024
(VC Proceedings through CISCO Webex)
Present: Ms. Jyoti Sharma, Ld. counsel for the complainant alongwith
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.000646 , 000654 of Bank of Baroda 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 Dasti summons be issued against the accused PUNAM MEHRA 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
21.05.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/25.01.2024
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