Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 55CC NI ACT/3065/2024Rakesh Kumar Mittal Vs. M/s PLATINUMSUITES
PRIVATE LIMITED/0 ()
Proceedings are being conducted through Webex online application.
14.07.2025
Present : Sh. Ishan Mittal, Ld. Counsel for complainant.
Ms. Garima Singh, Ld. proxy counsel for accused no. 3.
Sh. Shubham, ld counsel for accused no. 2.
Arguments heard.
This Court has perused the complaint, cheque, bank return memo, legal notice, postal
receipt and service report pertaining to the legal notice. Perusal of the said record reveals that the
present complaint has been filed within limitation and this Court has the territorial jusrisdiction to
entertain the same. Further, as per the averments made in the complaint, prima facie, an offence u/s
138 NI Act appears to have been committed Therefore, in view of the same, this Court takes
cognizance of offence u/s 138 NI Act.
Hon’ble Supreme Court has laid down in the cases of AC Narayanan v. State of
Maharastra and Re Expeditious Trial of NI Act cases that the examination of complainant and his
witnesses on oath is a matter of discretion of the Magistrate and their evidence given on affidavit, if
found satisfactory, maybe read as it is for the purpose of issuance of process. Thus, as the present
case has been filed in complete particulars, this Court does not deem it necessary to call upon the
complainant and his witnesses and conduct their examination on oath.
Considering the averments made in the complaint, documents filed along-with and
affidavit of the complainant in support of the complaint, this Court finds that there is sufficient
material on record to summon the accused.
Since accused are appearing through counsel today, summons issued against them
are deemed to be served upon them.
Put up for furnishing of bail bonds, framing of notice and further proceedings
on 27.11.2025.
Ms. Surbhi Sharma,
Ld. JMFC (NI Act) Digital Court-02,
North-West, Rohini courts,
New Delhi/14.07.2025
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