Delhi District Court
Cc No.1363/2021 M/S Dmi Housing Finance ... vs Manni Singh Page 1 Of 3 on 21 April, 2023
IN THE COURT OF MS. PADMA LANDOL,
METROPOLITAN MAGISTRATE, NI ACT DIGITAL COURT- 03, NEW DELHI
DISTRICT, PATIALA HOUSE COURT, NEW DELHI
CC No. 1363-2021
M/S DMI Housing Finance Private Limited
Through Authorised Representative
Registered Office Express Building,
Third Floor, 9-10, Bahadur Shah Zafar Marg,
New Delhi-110002
....Complainant
Versus
Manni Singh
S/O Sh. Gitam Singh Plot No. 14
Khasra No.- 1642/2(0-13)
W No. 1642/10-7 Village- Anangpur
Faridabad Faridabad Haryana India 121003 .....Convict
Date of institution : 12.02.2021 (As per Layers Softwar)
Offence complained of : 138 NI Act
Date of Decision : 21.04.2023
Plea of guilt : Pleaded guilty
Decision : Convicted
JUDGMENT
The present complaint has been filed by the complainant against the accused under section 138 Negotiable Instruments Act, 1881 (hereinafter referred as the "Act").
1. Complainant avers that it is a company duly incorporated under the Companies Act, 1956 and engaged in Housing Finance Business and duly registered uwith National Housing Bank. The present complaint is filed through its AR, Sh. Satya Prakash. That accused approached the complainant for availing financial facility and after agreeing to various terms, conditions and covenants and further upon execution of agreement bearing no. HFC000193074, the complainant sanctioned a loan in the sum of Rs, 11,76,078/- to the accused which was sanctioned on 03.08.2017. The accused had agreed to repay the said loan/financial facility with interest by way of 180 equated CC No.1363/2021 M/S DMI Housing Finance Private Limited Vs Manni Singh Page 1 of 3 Digitally PADMA signed by LANDOL PADMA LANDOL monthly instalments. In order to discharge the aforesaid debt, the accused opted for Electronic Clearance Service/Automated Clearing System. As per the assurance of the accused, complainant presented the said NACH/ECS in dispute for Rs. 19,424/- on 05.12.2020, however, it could not be executed due to the reason "balance insufficient" and rejected the banker on 08.12.2020. Complaianant then issued legal notice dated 25.12.2020. Despite service of the notice, no payment was received by the complainant. The accused having failed to make the payment within the statutory period of 15 days, the present complaint has been filed by the complainant against the accused.
2. The complainant was directed to submit the original case documents (complaint, affidavit of pre-summoning evidence, cheque and annexed documents) with the Court, a condition precedent to the taking of cognizance of the complaint, as per SOP/Guidelines issued by the SCMSC Hon'ble High Court of Delhi for functioning of Digital Courts. Pursuant to the said compliance, vide order dated 06.09.2021, after being satisfied that prima facie ingredients of Section 25 of Payment and Settlement Systems Act read with 138 NI Act are made out cognizance was taken and summons were directed to be issued against the accused. Accused entered into appearance on 15.11.2022 and was admitted to bail on the same date. Upon seeing the possibility of settlement, matter was referred to the mediation and the mtter got settlled therein, however, accused defaulted in making payment. Thereafter, complainant agreed to give one month more to make the payment considering the request of accused, however, accused again failed to make the payment despite the extended time. Today, Ld. Counsel for complainant made a request to proceed with the matter as no fruitful settlement has arrived.
3. Hence, notice u/s. 251 Cr.PC was framed against the accused today and the accused pleaded guilty. The Hon'ble Supreme Court and the Hon'ble High Court of Delhi in plethora of judgments have held that chapter XVII of NI Act containing section 138 to 142 was introduced with the aim of inculcating confidence in the efficacy of banking operations and giving credibility to the negotiable instruments employed in business transactions.
4. In the present case, notice has been framed separately in detail to which he pleaded guilty and stated that he wanted to make payment to the complainant, however, due to his ill-health, he could not pay the same. Repercursions of pleading guilty was also explained to him, however, he continued to plead guity despite the same.
CC No.1363/2021 M/S DMI Housing Finance Private Limited Vs Manni Singh Page 2 of 3Digitally PADMA signed by LANDOL PADMA LANDOL
5. Hence, the plea of guilt is accepted and the accused Manni Singh is convicted u/s. 25 of Payment and Settlement Systems Act, 2007 read with 138 NI Act, 1881 Announced in the open court today on 21.04.2023. Digitally PADMA signed by LANDOL PADMA LANDOL (PADMA LANDOL) MM (NI Act) Digital Court-03 New Delhi, PHC/Delhi/21.04.2023 It is certified that this judgment contains 3 pages and each page bears my digital signature.
Digitally PADMA signed by LANDOL PADMA LANDOL (PADMA LANDOL) MM (NI Act) Digital Court-03 New Delhi, PHC/Delhi/21.04.2023 CC No.1363/2021 M/S DMI Housing Finance Private Limited Vs Manni Singh Page 3 of 3