IN THE COURT OF MS. BHARTI BENIWAL, LD.
JMFC
(NI ACT), DC – 01, PATIALA HOUSE COURT, DELHI
CCNIACT/1855/2022
IN THE MATTER OF:
CLIX CAPTIAL SERVICES PVT. LTD. …..Complainant
VERSUS
ASHISH KUMAR ….. Accused Person
U/S: 25 PSS Act, 2007
DOH: 28.11.2024
REPLY ON BEHALF OF ACCUSED NAMELY SH.
ASHISH KUMAR TO THE APPLICATION UNDER
SECTION 143A OF NI ACT, 1881 FILED BY THE
COMPLAINANT
MOST RESPECTFULLY SHOWETH:
1. That the complainant has filed the present case under
section 25 of the Payment and Settlement System Act,
2007 (As amended) pertaining to dishonour of NACH as
mentioned in corresponding application filed by the
complainant for the sum of Rs. 2,41,000/- (Rupees Two
Lakh Forty-One Thousand Only).
2. That section 25 (5) of The Payment And Settlement
Systems Act, 2007 which reads as follows: “(5) The
provisions of Chapter XVII of the Negotiable Instruments
Act, 1881 (26 of 1881) shall apply to the dishonour of
electronic funds transfer to the extent the circumstances
admit.”
3. That the perusal of the aforesaid section clearly shows that
not all the provisions of Chapter XVII of the Negotiable
Instruments Act, 1881 (26 of 1881) mandatorily applies to
the complaint filed under section 25 (5) of The Payment
And Settlement Systems Act, 2007.
4. Furthermore, the provision of Section 143A of NI Act,
1881 was inserted vide amended act of 2018 w.e.f.
01.09.2018 which reads as follows: [143A. Power to direct
interim compensation. — (1) Notwithstanding anything
contained in the Code of Criminal Procedure, 1973, the
Court trying an offence under section 138 may order the
drawer of the cheque to pay interim compensation to the
complainant-
…………… (2) The interim compensation under sub-
section (1) shall not exceed twenty per cent. of the amount
of the cheque………….”.
5. That the bare perusal of section 143A of NI Act, 1881
shows that the said provision applies to the drawer of the
cheque and not to drawer of any other negotiable
instrument. Hence it is submitted that the present
application is not maintainable in the instant case
6. That it is furthermore submitted that during the covid
lockdown/ restriction period in year 2020 to 2021 accused
was out of work and failed to make timely payment to the
complainant company after which the complainant
company used to send collection/ recovery agents to the
house of the accused and who used to harass and
misbehaved with the accused and his wife in front of
neighbors of the accused for non – payment of EMI’S to
the complainant company and the accused paid them the
outstanding amount time to time after arranging money
from friends and relatives which the collection/ recovery
agents used to collect in cash from the accused from his
house.
7. That at the time of presentation of NACH in the instant
case the accused has an outstanding liability of Rs.
80,000/- (Rupees Eighty Thousand Only) only as the
remaining amount has been paid by the accused to the
collection/ recovery agents of the complainant company.
8. That the accused is working in a private job and is hardly
able to feed his family as he is also making repayments to
the money lender from whom he borrowed money to pay
the complainant company’s collection/ recovery agents and
allowing the present application will cause huge prejudice
to the accused and further cause miscarriage of justice. As
the accused is regularly and diligently attending all the
court hearings.
9. That it is furthermore submitted that on 13.12.2023 CW-1
namely Maqsood Ahmed absent himself before the
Hon’ble court and a cost of Rs. 5,000/- (Rupees Five
Thousand Only) was imposed upon the complainant which
remains unpaid till date.
10.That in view of provision of law pertaining to Section
143A of NI Act 1881, and its applicability on present
complaint filed under section 25 (5) of The Payment And
Settlement Systems Act, 2007 and plea of defence taken by
the accused as mentioned above.
PRAYER
It is most respectfully prayed that the present application
of the complainant be dismissed in the interest of justice.
And/or pass any other order which this Hon’ble court may
deem fit and appropriate in the circumstances of the case.
ACCUSED PERSON
New Delhi THROUGH
Dated:
KETAN KUMAR & ASSOCIATES
(ADVOCATES)
M:8384006676 & 8285404894
Off: A-596, Gali No.17, Mahavir Enclave,
Part-2, Dabri Dwarka Road, New Delhi-110059
e-mail: ketankumaradvocate@gmail.com
