Delhi District Court
Dmi Finance Private Limited vs . ______________________ on 4 June, 2022
3 CC NI ACT 689/2021, 691/2021, 694/2021, 697/2021, 698/2021, 700/2021,
703/2021, 705/2021, 707/2021, 710/2021
DMI FINANCE PRIVATE LIMITED Vs. ______________________
04.06.2022
Proceedings conducted through video conferencing via Cisco Webex. Present: ld counsel for the complainant.
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.
Present complaint has been filed beyond the limitation period as prescribed under the Negotiable Instruments Act, 1881. However, in view of the order of Hon'ble Supreme Court dated 08.03.2021 Suo Motu Writ Petition (Civil) NO. 3 of 2020, titled as "In Re: Cognizance of Extension of Limitation", the period from 15.03.2020 to 14.03.2021 is required to be excluded for the purpose of calculating limitation. Thereafter, vide order dated 27.01.2021, the period of limitation was further extended from 14.03.2021 till further orders. Subsequently, vide order dated 23.09.2021 and in view of order of Hon'ble Supreme Court in M. A. 21 & 29 of 2022, dated 10.01.2022 period of limitation from 15.03.2020 till 28.02.2022 was directed to be excluded for the purpose of calculating limitation. Consequently, the issue of limitation is not required to be considered in the present matter.
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 10.10.2022.
Digitally signed byTISTA SHAH TISTA SHAH Date: 2022.06.06 07:31:43 +05'30' (Tista Shah) MM (NI) Digital Court-02 PHC, New Delhi/04.06.2022