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The complainant has filed the complaint under Section 223 of Bharathiya Nagarika Suraksha Sanhitha 2023 against the accused for the offences punishable under Section 25 of The Payment and Settlement Systems Act 2007 r/w Section 138 of Negotiable Instruments Act.

2. The brief case of the complainant is as under:

That the complainant is a non banking organization doing business of lending finance to its customers. The accused has availed E NACH loan facility from the complainant agreeing to abide all terms and conditions to repay the same with interest and executed E NACH Loan Agreement No.10003667234 in favour of the complainant. The complainant sanctioned loan of Rs.1,60,000/- and said loan is to be repaid with interest at ROI in 22 monthly installments of Rs.10,100/-p.m. It is pleaded that towards repayment of liability, the accused executed E NACH Mandate in favour of the complainant to the extent of due payable assuring to honour the same when it is presented / processed for realization. The accused has assured that he will maintain sufficient amount in his account to honour the E - NACH Mandate when it is presented. It is pleaded that the complainant has processed E-NACH mandate through his banker HDFC Bank Koramangala for a sum of INR 62,500/-
C.C.No.29672/202 and on processing said E NACH Mandate bearing UMRN No.SBIN7023009230006086 is returned dishonored with remarks "Balance Insufficient" on 03.08.2024. It is pleaded that on receipt of said intimation, the complainant got issued legal notice on 17.08.2024 through registered post and demanded to pay the amount dishonored under E-NACH Mandate. The notice is duly served on the accused on 22.08.2024. Inspite of issuance of notice, the accused failed to pay the claim amount to the complainant with in the statutory time. Therefore, the accused has committed the offence under Section 25 of the Payment and Settlement Act 2007 R/w Section 138 of Negotiable Instruments Act. Therefore the complainant has filed the complaint.

11. The PW 2 has deposed that the accused availed accused has availed E NACH loan facility from the complainant agreeing to abide all terms and conditions to repay the same with interest and executed E NACH Loan Agreement No.10003667234 in favour of the complainant. The complainant sanctioned loan of Rs.1,60,000/- and said loan is to be repaid with interest at ROI in 22 monthly installments of Rs.10,100/-. The PW 2 has deposed that towards repayment of liability, the accused executed E NACH Mandate bearing UMRN No.SBIN7023009230006086 drawn on State Bank of India in C.C.No.29672/202 favour of the complainant. The web copy of NACH is marked as Ex.P3.

12. The PW 2 has deposed that the complainant has processed the Mandate for sum of Rs.62,500/- for realization through their banker i.e HDFC Bank, Koramangala Branch, Bengaluru and said NACH Mandate returned dishonored on 03.08.2024 for the reason "Balance Insufficient". The PW 1 has produced said debit transaction return memo as Ex. P4. As provided under Section 25(4) of The Payment and Settlement Systems Act and also under Section 146 of Negotiable Instruments Act law presumes that on production of banker slip or memo having thereon the official mark denoting that the cheque/ electronic fund transfer has been dishonored, presume the fact of dishonor of such said cheque, unless and until same is disproved. The accused has not disputed the dishonour of NACH mandate. The PW2 has deposed that they have got issued legal notice dated 17.08.2024 calling upon the accused to pay the due amount as per Ex.P5. The said notice is duly served on the accused on 24.08.2024 as per Ex.P 7 postal track consignment. Evidencing the same the complainant has produced the postal receipt and web copy of postal track consignment as Ex.P6 and Ex.P7. Inspite of issuance of notice, the accused failed to pay the claim amount to the complainant with in the statutory time. Therefore cause of action arose for C.C.No.29672/202 prosecution on 09-09-2024. The complaint is filed before this court on 09.09.2024 within the statutory period. Thus the complainant has complied all the statutory requirements for constitution of offence under Section 25 of The Payment and Settlement Systems Act 2007 r/w Section 138 of Negotiable Instruments Act. Therefore, the complainant is entitled for presumption under Section 25 (2) of The Payment and Settlement Systems Act 2007. Under Section 139 of Negotiable Instrument Act also there is similar presumption. The provisions of Section 139 of Negotiable Instrument Act reads as under:-