Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 13977/2024, 13978/2024, 13980/2024, 13982/2024,
13983/2024,13984/2024, 13985/2024, 13987/2024
22.03.2024
Fresh complaint case received by way of assignment. It be
checked and registered as per rules.
Matter taken up through hybrid hearing.
Present : Sh. Raveesh Thukral, Ld. Counsel for the
complainant alongwith AR 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
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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 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/22.03.2024
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