Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 42 CC NI ACT / 1614/2023
Kanhaiya Lal Gupta Vs. Ms A L Design
(Khajuri Khas)
03.06.2024
(VC Proceedings through CISCO Webex)
Present: Sh. Vikas Sharma, 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.
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. 000949, 000950, 001081 and 001082 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 Sapna Mittal(Ms A L
Design-signatory to the cheque) 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
11.09.2024
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/03.06.2024
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