Order 6

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 17 CC NI ACT / 1191/2024
KRISHAN KUMAR Vs. HARISH KUMAR /0 (Bhajan Pura)
04.11.2025
(VC Proceedings through CISCO Webex)
Present: Sh. Rajneesh and Sh. Vihan Chaudhary, Ld Counsel for the complainant
Proposed accused with counsel Sh. Joni Kashyap.
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/cheque(s) 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.
No requirement of PSE in view of judgment of A.C. Naraynan vs State
of Maharastra, AIR 2014 SC 630.
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.
Since ld counsel for accused has appeared, deemed service of summons.
Accused is admitted to bail on furnishing bail bonds of Rs.30,000/- with
one surety in the like amount. Bail bonds not furnished. Time sought. Allowed.
Accused is also directed to upload the same on portal.
Matter be put up for furnishing of Bail Bond/framing of notice on
03.03.2026.
(AAKASH MOHAN SINGH)
JMFC(NI Act)/Digital Court;
North-East/KKD/04.11.2025
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