Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 21 CC NI ACT / 1404/2024
Dev Narayan Singh Vs. Arvind Kumar /0
(KARAWAL NAGAR)
18.11.2025
(VC proceedings through CISCO Webex)
Present: Complainant with counsel Sh. Shola Singh.
Notice served.
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.
Dasti summons be issued against the accused (signatory to the
cheque) through all modes 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
27.02.2026.
(AAKASH MOHAN SINGH)
JMFC/NI Act/Digital Court;
North-East/KKD/18.11.2025
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