Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 59CC NI ACT/4/2025
JAWAHAR SINGH Vs. KAVINDRA SINGH/0 (Bhajan Pura)
23.05.2025
(VC Proceedings through CISCO Webex)
Present: Complainant with ld counsel Sh. N.K. Gupta.
Sh. Ran Vijay Kumar, Ld counsel for the accused.
Proposed accused through VC.
Matter is at the stage of consideration.
Since the proposed accused has appeared through VC, dasti
summons are dispensed with.
An opportunity was granted to the proposed accused under proviso
to 223 BNSS to which proposed accused has stated that entire amount of Rs.18
lacs received through online mode has been repaid.
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 KAVINDRA SINGH.
Since the accused has appeared through VC dasti summons are
dispensed with.
Accused is admitted to bail on furnishing bail bonds of Rs.40,000/-
with one surety in the like amount. Bail bonds not furnished. Time sought.
Allowed. Accused is also directed to upload the same on portal.
Matter be put up for framing of notice/furnishing of bail bond on
12.06.2025.
(RAVISHA SIDANA)
JMFC/NI Act/Digital Court;
North-East/KKD/23.05.2025
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