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 and 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.10007941101 in
favour of the complainant. The complainant sanctioned loan of
Rs.2,80,000/- and said loan is to be repaid with interest at ROI
in 45 monthly installments of INR 13,000/-P.M. 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 honur the E -NACH
Mandate when it is presented. It is pleaded that the
C.C.No.5250/2025
complainant has processed E-NACH mandate through his
banker HDFC Bank Koramangala for a sum of INR 52,000/-
and on processing said E NACH Mandtate, it is returned
dishonored with remarks “Balance Insufficient” on 10.10.2024
On receipt of said intimation, the complainant got issued legal
notice on 06.11.2024 through registered post and demanded to
pay the amount dishoured under E-NACH Mandate. The notice
is duly served on the accused o 12.11.2024. 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.