Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 43CC NI ACT/1475/2024
Sunil Kumar Vs. Lalita Thakur (KARAWAL NAGAR)
13.02.2024
(VC Proceedings through CISCO Webex)
Present: Complainant with ld counsel Sh. Raj Kumar Mittal.
Matter is at the stage of consideration.
PF filed. Ld counsel for the complainant has filed affidavit of
service of dasti notice as per which proposed accused has been duly served.
Since, proposed accused has not put in appearance, therefore
compliance U/s. 223 BNSS duly made.
Certain discrepancy was found qua the service of legal demand
notice. Upon submission of ld counsel for the complainant, the affidavit of
service qua dasti court notice furnished today is to be read as affidavit verifying
the last known address of the accused, since dasti court notice has been served
upon the proposed accused at the same address.
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(s) bearing No. 000107 of Bank of Baroda, Yamuna Vihar, Delhi
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.
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 Lalita Thakur
(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
10.07.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/13.02.2024
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