Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 41 CC NI ACT / 1562/2024
Shiv Shankar Tiwari Vs. Aparajita Priyadarshini
21.03.2025
Regular stenographer is on leave.
Substitute stenographer has been provided.
Present: Sh. Kailash Sharma, Ld. counsel for the complainant.
Sh. Rajvardhan Upadhayay, Ld. counsel for the proposed
accused.
Ld. counsel for the proposed accused is directed to file MOA during
the course of the day.
Ld. counsel for the proposed accused submits that he has not received
the copy of the complaint.
Ld. counsel for the complainant is directed to provide the copy of the
complaint. Matter is passed over for hearing on cognizance.
Put up at 12.45p.m.
At 12.50p.m.
Present: Sh. Kailash Sharma, Ld. counsel for the complainant.
Sh. Rajvardhan Upadhayay, Ld. counsel for the proposed
accused.
Ld. Counsel for proposed accused affirms that he has received
complete set of documents.
Arguments heard from both the sides on the point of cognizance.
Ld. Counsel for complainant argued that all the ingredients of the
offence U/s 138 NI Act have been fulfilled,
prima facie and proposed accused be thus,
summoned and tried for the said offence.
Per contra, Ld. Counsel for proposed accused argued that the cheque
in question was given in advance, no goods were supplied ever to the proposed
accused, complainant has not annexed any invoice of supply of goods to the accused
and the proposed accused is not liable to pay the cheque amount as there is no legally
enforceable debt.
Arguments heard. Record perused.
Complainant has filed the pre-summoning evidence by way of
affidavit along with the relevant documents including the dishonoured cheque, bank
return memo, legal notice sent to the accused and proof of sending the legal notice.
Upon perusal of the documents on record, this court is of the prima
facie view that statutory requirements of Section 138 are met. The arguments raised
by the proposed accused are a matter of trial. Therefore, there seems to be sufficient
ground to proceed against the accused Aparajita Priyadarshini.
Since the Ld. counsel for accused has already appeared, the
requirement of issuance of formal summons is hereby dispensed with.
Accused shall remain present either digitally or physically on NDOH,
failing which adverse order would be passed against her.
Put up for appearance of accused/ framing of notice on 01.08.2025.
(HIMANSHI TYAGI)
JMFC/NI ACT/DIGITAL COURT-01
NORTH DISTRICT, ROHINI COURTS
21.03.2025
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