Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT 1401/2023
AJAY KUMAR Vs. JAINENDER TOMAR
08.05.2024
(VC Proceedings through CISCO Webex)
Present: Complainant with counsel Sh.Dev Shekhar.
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.
Filing history is not filed by counsel despite direction.
Counsel for the complainant assured that the case is within the limitation and if
it is not, he is ready to face the consequance qua the case.
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.000053 of HDFC 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 Dasti summons be issued against the accused(signatory to the
cheque)JAINENDER TOMAR 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
05.09.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/08.05.2024
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