Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 13122/2024, 13138/2024, 13118/2024, 13102/2024,
13116/2024, 13098/2024, 13103/2024, 13115/2024, 13077/2024,
13079/2024, 13080/2024, 13093/2024, 13101/2024,
13105/2024,13125/2024, 13083/2024, 13087/2024, 13090/2024
19.03.2024
Fresh complaint case received by way of assignment. It be checked
and registered as per rules.
Matter taken up through hybrid hearing.
Present : Sh. Abu John Mathew, Ld. Counsel for the complainant.
AR of the complainant is present through VC.
Complete case file alongwith original documents as well
as PSE affidavit of the complainant has been filed. Proof of e-filing
history furnished. Be taken on record.
The present complaint is filed for the offence of
dishonour of electronic funds transfer punishable under Section 25 of
Payment and Settlement Act, 2007. The Complaint is filed within
limitation and is within the territorial jurisdiction of this court.
On the basis of the averments contained in the
complaint, an offence under Section 25 of Payment and Settlement
Act, 2007 appears to have been committed. In the considered opinion
of this Court, prima facie, there is sufficient material available on
record to proceed further. I hereby take cognizance of the offence
under Section 25 of Payment and Settlement Act, 2007.
In light of the decision of the full bench of Hon'ble
Supreme Court of India in “A. C. Narayanan v. State of
Maharashtra & Anr.” (2014) 11 SCC 790, there is no requirement to
examine the complainant at the pre-summoning stage for the purpose
of issuance of process against the accused. Complaint, evidence
affidavit and annexed documents considered. No other witness is
sought to be examined on behalf of the complainant at this stage.
Relevant inquiry under Section 202 Cr.P.C. conducted. In the
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considered opinion of this court, there are sufficient grounds for
proceeding against the accused in the present matter.
Accordingly, let summons be issued to the accused
through all permissible modes on filing of PF within 20 days from
today, returnable on 15.10.2024.
In case the house of the accused is found to be locked,
process server is directed to affix the summons on conspicuous
place.
As per the guidelines laid down as in the case titled as
“Damodar S. Prabhu Vs. Sayed Babalal 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 an 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.”
Summons be also sent through speed post and internet
generated tracking report of summons sent through speed post be
placed on record by NDOH.
Complainant is directed to file PF and to provide a copy
of complaint to the accused otherwise the complaint may be dismissed
U/s. 204(4) Cr.P.C.
(Anam Rais Khan)
MM (NI Act) - 01/ PHC/New Delhi/19.03.2024
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