Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: 37 CC NI ACT 9990/2025
TATA CAPITAL LIMITED Vs. TENZIN GURMEY BHOTIA
17.02.2026
Present: Ms. Manisha, Ld. Counsel for complainant through VC.
None for proposed accused.
Notice u/s 223 BNSS could not be issued to the proposed accused due
to non filing of PF.
In terms of the guidelines passed by Hon’ble Supreme Court of India,
in case titled as
Sanjabij Tari Vs. Kishore S. Borcar & Anr., 2025 (SC) 952, decided
on 25.09.2025, there is no requirement to issue notice u/s 223 BNSS in complaint
case u/s 138 NI Act. Accordingly, the stage of notice u/s 223 BNSS is dispensed
with.
Matter is listed for consideration today.
Arguments on summoning heard.
Entire record including the company and annexed documents perused
thoroughly.
It is alleged that the accused has initiated the Electronic Funds
Transfer Mandate in question to the complainant in discharge of liability or debt.
However, the same was not executed. Thereafter, legal demand notice was sent to
the accused by the complainant despite its service/ deemed service, the accused has
failed to make the payment of the same within 15 days as per the provisions of
Payment and Settlement Systems Act, 2007. On consideration of the complaint
annexed documents and verification affidavit of the complaint, this court is of the
opinion that prima facie, there are sufficient grounds for proceedings against the
accused for offfence u/s 25 Payment and Settlement Systems Act, 2007. Enquiry u/s
225 BNSS is conducted by scrutinizing annexed documents. The complaint is filed
within the period of limitation. This court is of the opinion that there are sufficient
grounds for proceeding further against the accused.
Issue summons to the accused, on filing of PF within two months,
through all modes.
Complainant is directed to supply the soft copy of complaint and
documents to the accused well in time.
In case of online service, complainant is directed to file requisite
affidavit with contact details of the accused and certificate U/s 63 BSA to show due
service through online mode. Complainant is directed to file proof of service.
Put up for appearance of accused/ framing of notice/furnishing of
surety on 13.10.2026.
(URVI GUPTA)
J.M.F.C.-01(N.I.Act)/Central,
THC/Delhi/17.02.2026
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