Delhi District Court
Smt. Mamli vs . on 27 January, 2020
In the court of Sh. Prayank Nayak, MM02 (SHD), Delhi.
CC No. 707/19
PS: Farsh Bazar
Smt. Mamli
vs.
Mohd. Kamaluddin & Ors.
27.01.2020
Present: None.
1.Vide this complaint, complainant seeks summoning of Mohd. Kamalluddin Khan and Mohd. Hussain Khan for offence punishable u/s 406/420/120B/34 IPC.
2. Complainant has examined herself as the only witness. She has deposed that on 2 5.07.2018, her sons Kamalluddin Khan and Mohd. Hussain Khan had handed over a Demand Draft for a sum of Rs.3 lakhs in her favour with respect to the settlement between the parties. However, upon presentation, the Demand Draft was returned back with the report "lost".
3. Arguments heard. Record perused.
4. The Hon'ble Supreme Court in "Sonu Gupta vs. Deepak Gupta and Ors." (2015) 3 SCC 424, held as under: "8. .....At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of the Smt. Mamli vs. Mohd. Kamaluddin & Ors. Page No . 1 of 2 offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or arguments nor he is required to evaluate the merits of the materials or evidence of the complainant, because the Magistrate must not undertake the exercise to find out at this stage whether the materials will lead to conviction or not."
5. Hence, applying the legal position as stated above and the testimony/documents produced by the complainant, prima facie offence u/s 420/34 IPC is made out against the accused Mohd. Kamalluddin Khan and Mohd. Hussain Khan. Hence, accused Mohd. Kamalluddin Khan and Mohd. Hussain Khan be summoned for 24.04.2020 on filing of PF.
(Prayank Nayak) MM02(KKD/SHD)/Delhi 27.01.2020 Smt. Mamli vs. Mohd. Kamaluddin & Ors. Page No . 2 of 2