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TMI Blog2020 (11) TMI 659X X X X Extracts X X X X X X X X Extracts X X X X ..... y no such common order as the order dated 11.3.2019 could have been passed in relation to CC No. 1565/19 with other cases 1566/19 and 1567/19. Furthermore, it was also essential for the learned Trial Court to consider the aspect of the applicability or otherwise of the provisions of the Payments Settlement Systems Act, 2007, read with the terms of the contours of the complaint in CC No. 1565/19, in as much as it has been submitted specifically on behalf of the petitioner that the petitioner is entitled to be tried, if required, to be so tried under the appropriate provisions of law. Matter remanded back to the learned Trial Court to consider the aspect of summoning or otherwise of the accused in CC No. 1565/19 in terms of the averments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 to Ex.CW1/9. Vide separate statement of the AR of the complainant, the complainant has closed pre-summoning evidence. Heard, the arguments on the summoning of the accused and perused the record. The present complaint has been filed within the limitation period. A perusal of the complaint annexed documents and the testimony of the complainant shows that a prima facie case u/s 138 of Negotiable instruments Act has been made out against the accused. Accordingly, fresh summons be issued to the accused on filing of PF/RC. It has been submitted on behalf of the petitioner that the complaint filed by the respondent bearing CC No. 1565/19 was under Section 25(1) read with Section 26 of the Payment Systems Act and Section 138 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos. 1566/19 and 1567/19 pending before the learned Trial Court which were so downloaded and it is indicated that CC No.1566 of 2019 is a complaint under Section 25(1) read with Section 26 of the Payments Settlement Systems Act, 2007 and Section 138 read with Section 141 142 of the Negotiable Instruments Act, 1881, in which the Memo of Parties reads to the effect: IN THE COURT OF LD. MM, TIS HAZARI COURT DELHI COMPLAINT CASE NO.1566 OF 2019 IN RE: M/s Kanika Investment Limited 246-310, 3rd Floor, Naurang House, 21 Kasturba Gandhi Marg, New Delhi-110001 .Complainant Versus 1. M/s Tel Medias Private Limited H-20, Near Ramesh Park, Garhwali Mohalla, Laxmi Nagar, New Delhi-110092 2. Mr.Christopher Dessa 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NI ACT ) AGAINST THE DRAWER/ACCUSED. , which complaint too is under Section 25(1) read with Section 26 of the Payments Settlement Systems Act, 2007 and Section 138 read with Section 141 142 of the Negotiable Instruments Act, 1881, which makes it apparent that the respondent Nos.1, 2 and 3 to that petition, are not parties in the complaint No. 1565/19 of which the impugned order dated 11.3.2019 is assailed by the petitioner herein. There are several submissions that have been made on behalf of the petitioner in relation to the non-applicability of the Payment Settlement Systems Act, 2007 to the facts alleged in the complaint in CC No. 1565/2019. In the circumstances of the instant case as it has been brought forth clearly t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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