Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No.8125-22, 8126-22, 8127-22, 8128-22, 8129-22, 8130-22, 8132-22, 8133-22
and 8134-22
M/S CLIX CAPITAL SERVICES PRIVATE LIMITED Vs. CHANDERKETU
RAJ
04.02.2023
Proceedings conducted through video conferencing via Cisco Webex
App.
Present: Sh. Sangam Tushir counsel for complainant.
COGNIZANCE AND SUMMONING ORDER
The present complaint has been filed under Section 25 of the Payments and
Settlements Act, 2007. The Reader has confirmed the receipt of all originals. In view
of Section 25 (5) of the aforesaid Act, applying AC Narayanan Vs. State of
Maharashtra [(2014) 11 SCC 809] as is the law governing the procedure in
Complaints under Section 138 NI Act, 1881, the formal recording of the pre-
summoning evidence stands dispensed with.
Record perused. Submissions heard.
As per the complaint, the Complainant has filed the present complaint
against, Accused who had approached the complainant for availing the loan. The
Accused had approached the complainant company for availing the credit facility.
For clearing the dues, the Accused opted for ECS/ NACH for initiation of transfer
towards the due amount, which however could not be executed. The NACH has been
issued under the signatures of Accused Pursuant to the same, the complainant issued
a legal demand notice. Despite service of the legal notice, the accused did not make
the payment of the said amount towards the legally recoverable liability within the
statutorily prescribed period. Hence, the present complaint has been filed seeking
prosecution of the accused, for the offence punishable under Section 25-27 of the
Payments and Settlement Act, 2007.
Having considered the complaint, the affidavit for evidence, accompanying
annexures, the submissions of the Counsel for the Complainant, this court is found to
be having the jurisdiction to entertain the complaint at hand.
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Upon a scrutiny of the complaint and the documents filed, prima facie,
there appear sufficient grounds to proceed against the accused, for the offence
punishable under Section 25-27 Payments and Settlement Act, 2007.
Accordingly, issue summons to Accused for appearance through Video
conferencing through the link available on website/mentioned on summon on filing
of PF/RC within two weeks alongwith meta data form. Reader is directed to make an
endorsement in the process to the effect, that in case an application for compounding
is moved at the first or second hearing, the court may consider passing appropriate
orders, upon satisfaction, in view of the guidelines laid down in in Damodar S.
Prabhu Vs. Sayed Babalal H [2010 (5) SCC 663].
Re list for appearance of accused and further proceedings on
06.10.2023.
(Sahil Monga)
MM NI Digital Court-02
PHC-New Delhi-04.02.2023
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