Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 49CC NI ACT788/2023SHRIRAM FINANCE LIMITED Vs.
SURAJKUMAR VERMA/0 (Bhajan Pura)
31.07.2023
(VC Proceedings through CISCO Webex)
Fresh complaint received through e-filing and the same is checked and
registered.
Present: Sh. Tushar Mishra, AR for the complainant with counsel
Sh. Manoj Kumar.
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.
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.409677 of State Bank of India 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 Let summons be issued against the accused SURAJ KUMAR
(VARMA AMBULANCE SERVICE) through all available modes including
electronic mode and speed post. The process server is further directed that in
the event of house/office/premises is found to be locked/refused to accept the
service/any other contingency of such a nature, the process be served through
affixation.
PF be filed within fifteen working days.
Matter be put up for appearance of accused/furnishing of Bail Bond
on 16.11.2023.
(SNEHIL SHARMA)
MM/NI Act/Digital Court;
North-East/KKD/31.07.2023
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