Supreme Court - Daily Orders
Naresh Chawla vs M/S Iifl Home Finance Limited on 20 January, 2025
Author: Rajesh Bindal
Bench: Rajesh Bindal
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. /2025
[@ SLP [CRL.] NO. 5399/2024]
NARESH CHAWLA Appellant(s)
VERSUS
M/S IIFL HOME FINANCE LIMITED Respondent(s)
O R D E R
Leave granted.
Despite notice having been served, none appears for the respondent.
The appellant invoked Section 482 of the Code of Criminal Procedure, 1973 before the High Court challenging the criminal proceedings initiated against him under Sections 25 and 27 of the Payment and Settlement Systems Act, 2007 (for short ‘the Act, 2007’).
Before the High Court, the appellant had placed on record the documents evidencing the fact that there was no outstanding due from him towards the respondent-complainant. A specific contention has Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date: 2025.01.24 been raised that the mandate of the Act, 2007 has not 10:27:25 IST Reason: been complied with by issuing the prior demand notice 2 to the appellant at his correct residential address. However, without considering the aforesaid facts and circumstances, the impugned order has been passed. The respondent has not chosen to appear, despite notice being served upon it.
Therefore, the contention raised by the appellant that the mandate of the Act, 2007 has not been complied with by the respondent through issuance of prior demand notice has not been answered by the respondent. Secondly, the documents filed by the appellant would show that there is no outstanding due pending from the appellant towards the respondent. Hence, continuing the criminal proceedings against the appellant would amount to a travesty of justice Therefore, we have no hesitation in setting aside the impugned judgment and the same stands aside.
Accordingly, the Criminal Complaint bearing NACT No.33216/2018 dated 08.10.2018, filed by the respondent/complainant under Sections 25 and 27 of the Payment and Settlement System Act, 2007, pending before the Court of learned Judicial Magistrate, First Class, Gurugram, Haryana stands quashed. The appeal stands allowed accordingly. 3 Pending application(s), if any, shall stand disposed of.
...................J. [M.M. SUNDRESH] ...................J. [RAJESH BINDAL] NEW DELHI;
JANUARY 20, 2025.
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ITEM NO.31 COURT NO.9 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5399/2024
[Arising out of impugned final judgment and order dated 11-01-2024 in CRMM No. 1507/2024 passed by the High Court of Punjab & Haryana at Chandigarh] NARESH CHAWLA Petitioner(s) VERSUS M/S IIFL HOME FINANCE LIMITED Respondent(s) Date : 20-01-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Gagan Gupta, Sr. Adv.
Mr. Vaibhav Arora, Adv.
Mr. Nikunj Dayal, Adv.
Mr. Pramod Dayal, AOR Mr. Rakesh Kumar, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal stands allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(ASHA SUNDRIYAL) (POONAM VAID) DEPUTY REGISTRAR ASSISTANT REGISTRAR [signed order is placed on the file]