Order 2

Order Details: COPY OF ORDER
Pdf Text: 61 CC NI ACT / 10230/2025
AKARA CAPITAL ADVISORS PRIVATE LIMITED Vs. GAJANAN CHIRMADE
Proceedings conducted through Video Conferencing via CISCO Webex app.
31.10.2025
Present: Sh. Deepak Gupta, Ld Counsel for the complainant.
Arguments on summoning heard.
Entire record including the complaint and the annexed documents perused thoroughly.
It is alleged that accused has initiated the electronic funds transfer mandate in question
to the complainant in discharge of liability. However, the same was not executed. Thereafter, demand
notice was sent to the accused by the complainant. Despite service/ deemed service of said notice,
accused has failed to make the payment within 15 days as per provisions of Payment and Settlement
Systems Act, 2007. On consideration of the complaint, annexed documents and verification affidavit of
the complainant, this Court is of the opinion that prima facie there are sufficient grounds of proceeding
against the below mentioned accused for the offence under Section 25, Payment and Settlement
Systems Act, 2007. In terms of inquiry conducted under Section 202 CrPC, all the statutory
requirements have been complied with. The complaint is filed within the period of limitation. I am
satisfied that there are sufficient grounds for proceeding further.
Let accused be summoned on filing of PF, RC/ Speed Post/ approved Courier service/ E-
mail within 30 days for 27.03.2026. Process server is directed to serve the summons through all modes.
Complainant is directed to place the tracking report of summons sent through speed post
on record on the next date. In the event the house/office/premises is found to be locked/refusal to
accept the service/any other contingency the process be served through affixation in terms of Section
65, CrPC. As per the guidelines laid down in 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 and if such an application is made, compounding may be
allowed by the Court without imposing any costs on the accused.”
The order be uploaded as per rules.
In the meantime, matter be referred to upcoming National Lok Adalat to be held on
13.12.2025 for settlement, if any.
If the matter is not settled, same be put up on the date already fixed.
(Aradhana)
JMFC (NI Act) Digital Court – 04
Central, Tis Hazari Court, Delhi/31.10.2025
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