Madras High CourtCRL OP(MD)/3253/2022disposed of

M/S.Hdfc Bank Ltd v. Ponsaravanakumar V

2022-02-16Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3253 of 2022

1. M/s.Hdfc Bank Ltd Having its Branch Office at No. 8-B, 11th Cross, Thillai Nagar, Trichy - 620017, Rep by its Authorised Legal Manager, Mr. R. Muralidharan, 35/22

...Petitioner/Complainant

Vs.

Pon Saravanakumar V

...Respondent/Accused

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to direct the learned Judicial Magistrate No.IV, Trichy to number the complaint dated 18.12.2020 filed by the petitioner in Filing No.Crl.M.P.No.9795/2020 in C.C.No. of 2020 and issue summon to the accused and decide the case on merits. For Petitioner : M/s.Karnan G

ORDER

This petition has been filed seeking direction to direct the learned Judicial Magistrate No.IV, Trichy to number the complaint dated 18.12.2020 filed by the petitioner in Filing No.Crl.M.P.No.9795/2020 in C.C.No. of 2020 and issue summon to the accused and decide the case on merits.

2.The petitioner has filed private complaint for the offences under Section 25 of the payment and Settlement Systems Act, 2007 as against the respondent before the learned Judicial Magistrate No.IV, Trichy and it was returned for the reason that the system provider is the complainant bank, which had been been authorized by the RBI as per Section 4 of PSS Act,2007 and if it is was so, to produce the document to that effect along with the complaint. After taking the return the petitioner has represented the complaint along with list of ECS centre by the RBI website copy stating that the complainant bank is the system provider on 21.01.2021. However it was again returned for some reason.

3. Consider the above, the petitioner is directed to represent the petition along with documents to the effect that the complainant bank is authorized by the Reserve Bank of India as per the provisions under Section 25 of the payment and Settlement Systems Act, 2007. On receipt of the same, the learned Judicial Magistrate No.IV, Madurai is directed to receive the same, record the sworn statement of the petitioner and proceed in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 1/2

4. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Note : Registry is directed to return the original complaint the learned counsel for the petitioner forthwith after substituting it with the xerox copy.

To The Judicial Magistrate No.IV, Madurai.

Copy to The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai Crl.O.P.(MD) No.3253 of 2022 16.02.2022 BK(CO) KB(04.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2