Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC NI ACT 4725-2021
STANDARD CHARTERED BANK Vs. SRINIVASAN SATHYANARAYANAN
01.03.2024
Proceedings conducted through video conferencing on Cisco Webex platform
using the URL link https://districtcourtdelhi.webex.com/meet/ninewdelhi1
Present: Ms. Survi Agarwal, Proxy Counsel for complainant.
Copy of ECS/NACH Mandate is filed. Same is taken on record.
COGNIZANCE AND SUMMONING ORDER
1. I have perused the complaint, Authorization in favour of the AR of the
complainant, pre-summoning evidence by way of affidavit of the AR of the
complainant and the documents relied upon by the complainant. The present
complaint has been filed within the limitation/extended period of limitation (In Re
Cognizance for Extension of Limitation dated 08.03.2021 (Suo Moto Writ
Petition (Civil) No.3/2020 and miscellaneous application No. 665/2021) and is
within the jurisdiction of this Court. The complaint and the original documents have
been submitted to the Ahlmad for safe custody. The documents have been identified
today in accordance with the pre-summoning evidence by way of affidavit.
2. In light of the decision of the Hon'ble Supreme Court in A.C.
Narayanan v. State of Maharashtra & Anr. (2014) 11 SCC 790, Full Bench,
examination of the complainant upon oath for issuance of process is a matter of
discretion of the Magistrate. In the considered opinion of this Court, there is no need
to examine the complainant for the purpose of issuance of process. There is sufficient
material before this Court to proceed against the accused. I hereby take cognizance
of the offence under Section 25 of Payment and Settlement Systems Act, 2007.
(HARJOT SINGH AUJLA)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.03.2024
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3. Accordingly, issue summons to accused SRINIVASAN
SATHYANARAYANAN for being the drawer and signatory to the impugned
NACH MANDATE. The summons are to be sent upon filing of PF/RC/AFFIDAVIT
OF LAST KNOWN ADDRESS within one month from today, returnable on
28.09.2024. The complainant is directed to file metadata form before filing of PF.
The process server is directed to serve the summons by way of affixation, if premises
are found locked or same could not be served personally or on any adult male
member. To expedite service, the complainant is at liberty to serve the summons
through speed post/approved courier, subject to filing internet generated tracking
report of service on the next date of hearing. The complainant may also send
summons through email and WhatsApp to the accused and file the requisite affidavit
of service along with Certificate u/S 65B Evidence Act on the next date of hearing.
4. As per the guidelines laid down in Damodar S Prabhu Vs. Sayed Baba
Lal 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 a 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”.
5. The Ahlmad is directed to mention the official email id of the Court,
the URL link as well as the permanent meeting number of video conferencing
through CISCO Webex platform, on the form for issuance of summons.
Complainant is directed to file PF and provide copies of the complaint and other
necessary documents, within one month from today, failing which the complaint may
be dismissed under Section 204(4), CrPC.
6. Renotify for appearance of the accused/furnishing of bail bonds/
consideration on Notice under Section 251, CrPC on 28.09.2024.
(HARJOT SINGH AUJLA)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.03.2024
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7. The summons must accompany the copy of the complaint along with
other supporting documents and the complainant will file the proof of the copy being
supplied to the accused before this court on the NDOH.
(HARJOT SINGH AUJLA)
MM (NI Act), Digital Court-01
PHC-New Delhi-01.03.2024
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