Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 54 CC NI ACT / 3833/2024 Satish Chawla Vs. Asha Vinayak / ()
Proceedings conducted online through video conferencing using CISCO WEBEX software.
19.07.2025
Present: Sh. Keshav jha, Ld. counsel alongwith complainant.
Ms. Nandita, Ld. counsel alongwith accused.
Arguments heard.
This Court has perused the complaint, cheque, bank return memo, legal notice, postal re-
ceipt 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 ap-
pears 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 Maha-
rastra 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 satis-
factory, 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 affi-
davit of the complainant in support of the complaint, this Court finds that there is sufficient material on
record to summon the accused.
Since, accused has entered into appearance through counsel, summons are deemed to be
served upon him.
Put up for furnishing of bail bonds, framing of notice and further proceedings on
22.11.2025.
(Surbhi Sharma)
(JMFC(NI Act) Digital court02)
NorthWest, Rohini
New Delhi/19.07.2025
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