Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 19 CC NI ACT / 17384/2025 ICICI Bank Vs. DEVENDER YADAV
20 CC NI ACT / 17387/2025 ICICI Bank Vs. ASHOK KUMAR
22 CC NI ACT / 17404/2025 ICICI Bank Vs. OM PRAKASH PANDEY
02.05.2026
Fresh case received by way of assignment. It be checked and registered.
Present: Sh. Manish Yadav, Ms. Shweta Singh and Abhay Sharma, Ld. Counsel for the
Complainant along with AR for the complainant.
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 one month. 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 04.02.2027.
(Arvind Tomar)
JMFC (NI ACT)-07 (Central)/THC
02.05.2026
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