Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 60CC NI ACT/1692/2024
VINAY MAHESHWARI Vs. ANIL KUMAR/0 (Bhajan Pura)
06.05.2025
(VC Proceedings through CISCO Webex)
Present: Complainant in person.
Sh. G.C. Joshi, ld counsel for the proposed accused.
Matter is at the stage of consideration.
Affidavit qua service of dasti court notice to the proposed accused
filed. In support, the tracking report and certificate U/s, 63 BSA has been
annexed. Taken on record.
Soft copy of complaint and annexed documents emailed to the
proposed accused.
An opportunity was granted to the counsel for proposed accused
under proviso to 223 BNSS to which ld counsel for proposed accused has stated
that he does not want to say anything at this stage/
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.
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 Anil Kumar.
Since ld counsel for the accused has appeared dasti summons are
dispensed with.
Memo of appearance filed on behalf of the accused.
Ld counsel undertakes to file vakalatnama by NDOH.
Accused is directed to remain present in person on NDOH.
Matter be put up for appearance of accused/furnishing of Bail Bond on
20.08.2025
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/06.05.2025
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