Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 49 CC NI ACT / 13719/2025 UGRO CAPITAL LTD Vs. PRADHUMAN KIRANA STORE
50 CC NI ACT / 13720/2025 UGRO CAPITAL LTD Vs. VIVEK ENTERP.
51 CC NI ACT / 13721/2025 UGRO CAPITAL LTD Vs. SAMARTH STATIONERY AND KIRANA DUKAN
52 CC NI ACT / 13722/2025 UGRO CAPITAL LTD Vs. RAIKWAR KIRANA STORE
53 CC NI ACT / 13729/2025 UGRO CAPITAL LTD Vs. T F K
28.02.2026
Case received by way of transfer.
Present: Sh. Mohit Jain, Ld. Counsel for the Complainant.
Physical file furnished.
Ahlmad is directed to check the same and furnish report on NDOH.
Perusal of complaint shows that the present matter has been filed after 01.07.2024 and the
same falls under Bhartiya Nagarik Suraksha Adhiniyam, 2023 (BNSS). As per Proviso 1 to Section 223 of BNSS,
it is mandatory to hear the proposed accused before taking cognizance. However, in light of the judgment of the
Hon’ble Supreme court in ‘
Sanjabij Tari Vs. Kishore S Borcar’, 2025 INSC 1158, the requirement of hearing the
accused on the point of congnizance is dispensed with.
Accordingly, arguments on cognizance and summoning heard on behalf of complainant.
I have gone through the entire record including the complaint and the documents. It is alleged
that accused has executed the ECS Mandate in question in favour of the complainant to discharge his liability
which got dishonored due to insufficient funds. Therefore, demand notice was sent to the accused by the
complainant. Despite service/ deemed service of said notice, accused has failed to make the payment as per
provisions of law.
The counsel for the complainant submits that dictum of "A. C. Narayanan Vs. State of
Maharashtra & Anr." (2014) 11 SCC 790 is also applicable to complaints u/s 25 of Payment and Settlement Act,
2007.
In the aforesaid judgment, Hon'ble Supreme Court of India has held that "...it is a matter of
discretion and the Magistrate is not bound to call upon the complainant to remain present before the court and to
examine him upon oath for taking decision whether or not to issue process on the complaint under Section 138 of
the NI Act. For the purpose of issuing process under Section 200 of the Code, it is open to the Magistrate to rely
upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section
138 of the NI Act..."
Complaint, affidavit of evidence and documents considered in light of above cited judgment.
In opinion of this Court, there is no need to examine the complainant for purpose of issuance of process. In view
of complaint, documents produced and verification in the form of affidavit of evidence, there are sufficient
grounds for proceeding further against accused person(s) for offence punishable u/s 25 of Payment and
Settlement Act, 2007.
Hence, accused/s be summoned through all permissible modes (including dasti) for offence u/s
25 of Payment and Settlement Act, 2007 on filing of PF/RC within two weeks. 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.
Put up for appearance of accused on 03.12.2026.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
28.02.2026
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