Full Order Text
Order 3 · 10 Feb 2026 · CNR DLCT021082212024
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: 28 CC NI ACT 3639/2025 TATA CAPITAL LIMITED Vs. MANOJ TOPNO 10.02.2026 Regular stenographer of this court is on leave today. Present: Ms. Manisha, Ld. Counsel for complainant through VC. None for proposed accused. Notice u/s 223 BNSS issued to the proposed accused not received back. 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. -- 1 of 2 -- 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 06.10.2026. Considering the amount involved and the possibility of settlement existing between parties, at request of proxy counsel complainant, let matter be put up before Lok Adalat to be held on 14.03.2026. Ahlmad is directed to send the file complete in all respects before the Lok Adalat. In case of failure of settlement be put up for purpose fixed on 06.10.2026. (URVI GUPTA) J.M.F.C.-01(N.I.Act)/Central, THC/Delhi/10.02.2026 -- 2 of 2 --