Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 14 CC NI ACT 1459/2023
ANIL KUMAR Vs. AMIT GOSWAMI
16.01.2024
(VC Proceedings through CISCO Webex)
Present: Sh. Kuldeep Singh, Ld. counsel for the 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. 000033 of Kotak Mahindra 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 AMIT GOSWAMI 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
08.05.2024.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/16.01.2024
-- 1 of 1 --