27CC NI ACT/12158/2024Uscom Logistics India Private Limited

Vs.Rupesh Raushan

11.03.2024

Present: Sh. Nikhil Mann, Ld. counsel for complainant.

This is a fresh file received by way of assignment.
Heard. Record perused.
The present complaint is filed for the offence punishable under Section
138 of NI Act, 1881. The complaint is within limitation and within the
jurisdiction of this court. There are sufficient grounds for taking cognizance of
the offence under Section 138 of NI Act, 1881.
In the light of the full bench of Hon'ble Supreme Court of India cited
as “ A. C. Narayan vs. State of Maharashtra & Anr.” (2014) 11 SCC 790, this
court is of the considered opinion that there is no need to examine the
complainant at this pre-summoning stage for the purpose of issuance of process
against the accused.
Arguments on summoning heard. Complaint, affidavit of evidence,
documents annexed and verification in form of affidavit filed by the
complainant in support of complaint perused.
Prima facie, it appears that the cheque in question was issued by the
accused in favour of the complainant in discharge of the legal liability. The
cheque in question was dishonoured on presentation. Legal notice was served
upon the accused in ordinary course. Despite the service of the notice, accused
has failed to make the payment within the stipulated time. There are sufficient
grounds for proceeding against the accused.
Let summons be issued to the accused through PF/RC/SP within 15
days from today, returnable for NDOH.
As per the guidelines laid down as in the case in the case titled as
Damodar S. Prabhu vs. Sayed Babalal H. AIR 2010 (SC) 1907, Ahlmad is
directed to make a mention on the summons issued against the accused (by
adding separate sheet, if required) that “accused can make an application for
compounding of the offence at the first and second hearing of the case if
such an application is made, compounding may be allowed by the court
without imposing any costs on the accused.”
Put up for appearance of accused and further proceedings on
01.06.2024.
(Apoorv Bhardwaj)
MM (NI Act-08), Dwarka Courts,
New Delhi (South West)/11.03.2024