Interim Order 1

Order Details: COPY OF ORDER
Pdf Text: CC No. 15824/23
CAPITAL TRUST LTD. Vs. BALVEER SINGH
15.01.2024
Matter taken up through hybrid hearing.
Present : Sh. Tarun Soni, 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 furnished. Be taken on record.
In light of the decision of full bench of Hon'ble
Supreme Court of India cited as “A. C. Narayanan v. State of
Maharashtra & Anr.” (2014) 11 SCC 790, this Court is of the
considered opinion that there is no need to examine the
complainant at this pre-summoning stage for the purpose of
issuance of process against the accused. No other witness is
sought to be examined on behalf of the complainant at this stage.
Accordingly, PSE stands closed.
Arguments on summoning heard.
I have gone through the entire record
including the complaint and the documents. It is alleged that the
accused has executed the ECS Mandate in question in favour of
the complainant to discharge his liability. Upon its presentation,
the same was dishonored. Therefore, a legal demand notice was
sent to the accused by the complainant. Despite service/ deemed
service of said notice, accused has failed to make the payment as
per provisions of the Negotiable Instruments Act.
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Complaint is filed within the prescribed
period of limitation. In my considered opinion, prima facie there
is sufficient material available on record to summon the accused.
Hence, accused be summoned for offence u/s
25 of Payment and Settlement Act, 2007 on filing of PF/RC. In
the event the house/office/premises is found to be locked/refusal
to accept the service/any other contingency the process be served
through affixation. PF be filed within 20 days from today.
Put up for appearance of the accused/ report
of summons on 29.05.24.
As per the guidelines laid down as in the case titled
as “Damodar S. Prabhu Vs. Sayed Babalal H”, AIR2010(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.”
(Anam Rais Khan)
MM (NI Act) - 01/ PHC/New Delhi/15.01.2024
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