AI Structured Summary
Not yet generated for this judgment
Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner. Perused the application as well as the documents annexed thereto.
Learned counsel for the Petitioner at the outset contended that although the case out of which the present case arises, is a case registered for commission of offence under section 138 of N.I.Act, but however no statutory notice as laid down in the Statute has been issued to the accused-Petitioner. In such view of the matter, learned counsel for the Petitioner submitted that the entire proceeding is void in law.
Considering such aspect, this Court is of the view that the matter requires further hearing after appearance of the private Opposite Party No.2.
Accordingly, issue notice to the private Opposite Party no.2 by registered post with A.D. fixing a short returnable date. Requisites for issue of notice be filed within three working days.
List this matter in the week commencing from 11th August, 2025.
I.A.NO.1560 OF 2025
Notice as above.
As an interim, it is directed that on an application being filed seeking adjournment of the proceeding, learned court in seisin over the matter shall do well to adjourn the proceeding for a period of six weeks.
.…………………………………..