2. Manoj Mahato @ Manoj Kr. Mahato

3. Mantu Mahato @ Mantu Lal Mahato

4. Kirtichand Mahato @ Kiriti Bhushan Mahato

5. Nem Chand Mahato

6. Gopal Mahato --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners : Mr. Rakesh Kumar, Advocate For the State : Mr. Shiv Kumar Sharma, A.P.P.

Learned counsel for the petitioner submits that the name of the petitioner and his alias name in the body of the petition tallies with his name in the complaint petition, Aadhar Card, impugned order and also in the body of vakalatnama except where petitioner has inscribed his signature. Therefore, the same may be ignored.

In view of the submission made, let the instant defect be ignored. Learned counsel for the petitioner, in present circumstances, undertakes to remove the remaining defect no. 9(ii) and (iii) regarding filing of certain pages within a week. Defect no. 9(v) is ignored as according to the learned counsel for the petitioner, last page of the restoration application is not of much relevance. Defect no. 9 (iv) is also ignored.

Learned counsel for the petitioner prays that defect no. 9 (ii) and (iv) which relates to page no. 19 of the petition may be ignored as page is otherwise legible and complete except the last line which is not of much significance. Accordingly, defect no. 9 (ii) and (iv) is ignored. So far defect no. 9(iii) is concerned which relates to non-filing of duly certified typed copy of handwritten pages at Annexure-2 & 3, in view of the submission made by learned counsel for the petitioner, it is also ignored.

2. Petitioner is an accused in connection with C.P. Case No. 96/2019 for the offences registered under sections 498(A) and 323 of the Indian Penal Code, pending in the Court of Miss Babita Mittal, learned Judicial Magistrate, 1st Class, Bokaro.

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For the Petitioner : Mr. Rohan Mazumdar, Advocate For the State : Mr. Gouri Shankar Prasad, A.P.P. -----

02/07.05.2020. The bail application of Md. Shamim @ Sotti in connection with Jharia P.S. Case No. 499 of 2014, corresponding to G.R. No. 4917 of 2014 registered for the offences under Sections 25(1)(A)(B)(C) of the Arms Act, has been moved by Mr. Rohan Mazumdar, learned counsel for the petitioner and opposed by Mr. Gouri Shankar Prasad, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

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For the Petitioner : Mr. Kaushal Kishor Mishra, Advocate For the State : Mr. Ravi Prakash, A.P.P. -----

02/07.05.2020. The bail application of Gulli Mandal @ Gurudeo Mandal in connection with Cyber P.S. Case No. 08 of 2018 registered for the offences under Sections 419/420/467/468/471/120(B) of the Indian Penal Code and Sections 66(C) and 66(D) of the Information Technology Act, has been moved by Mr. Kaushal Kishor Mishra, learned counsel for the petitioner and opposed by Mr. Ravi Prakash, learned A.P.P. for the State, which has been conducted through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic.

2. Karmu Mahato @ Karmu Mahto --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners : Mr. Suraj Singh, Advocate For the State : Mr. Satish Kumar Keshri, A.P.P.

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03/ 07.05.2020 Heard learned counsel for the petitioners and learned A.P.P through Video Conferencing.

2. Amit Kumar Paswan @ Amit Kumar --- --- Petitioners Versus The State of Jharkhand --- --- Opposite Party

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CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Through: Video Conferencing

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For the Petitioners: Mr. Sujit Kr. Singh, Advocate For the State : Mr. Birendra Burman, A.P.P.

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03/ 07.05.2020 Heard learned counsel for the petitioner and learned A.P.P for the State through Video Conferencing.

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For the Appellants : Mr. Lukesh Kumar, Advocate For the State : Mr. Sardhu Mahto, A.P.P.

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th 04/Dated: 07 May, 2020

1. This interlocutory application has been filed under Section 389(1) of the Code of Criminal Procedure for suspension of the sentence and grant of ad-interim bail, to the petitioners, during the pendency of the appeal.

2. The petitioners/ appellants have been convicted for the offence under Sections 25(1-A), 26(2) read with Section 35 of the Arms Act by the court of learned Additional Judicial Commissioner, II, Ranchi, in Sessions Trial No.361 of 2016.

2. Relevant facts are that plaintiff has filed suit for recovery against the defendant no.1 and 2. The case of the plaintiff, as set out in the plaint, is that plaintiff is a company registered under the Companies Act 1956 and is engaged in the manufacturing of coating powder and trading of decorative and industrial paints and thinner since 1994. The defendant is a limited company and registered under the Companies Act, 1956 and involved in the manufacturing of electrical panels. The defendant through its directors/ officials approached the plaintiff for purchase of the coating powder and industrial paints and thinner and at the time of commencement of the business, the terms of business, as specifically printed on or contained in the plaintiff's invoices were agreed by the defendant and thereafter business dealings and transactions started between the parites hereto in 2004 and since 15.04.2004 they have been maintaining a running account.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-98/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-96/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-94/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-92/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-90/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-97/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-95/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-86/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-88/2020 Page No.-1 of 3 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed.

CR No.-84/2020 Page No.-1 of 3

3 Sh.Anish Bhola, counsel for the petitioner has assailed the impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-93/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-87/2020 Page No.-1 of 3 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-85/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-91/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-89/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-83/2020 Page No.-1 of 4 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. . To link the Debit Authorization Form with the loan agreement involved, an account statement was placed on record. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, intimating return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1.2 Notice to the respondent was dispensed with, as the respondent had not yet been summoned by the Trial Court.

2 A perusal of the impugned order reveals that the Ld. Trial Court declined to take cognizance of the complaint primarily for the reason that the complainant despite availing several opportunities had not filed the ECS mandate. Further the account statement filed did not bear any stamp and was not even signed. Therefore, noticing that several opportunities have already been afforded to the complainant, the complaint was dismissed. 3 Sh.Anish Bhola, counsel for the petitioner has assailed the CR No.-78/2020 Page No.-1 of 3 impugned Order on the ground that the Ld. MM committed a grave error in observing that the ECS mandate was not on record. It is pointed out that the petitioner/ complainant along with the complaint had placed on record a ' Debit Authorization Form issued by the customer" i.e. the respondent to the petitioner bank. It is argued that the Debit Authorization Form is akin to ECS mandate. The petitioner/complainant had also placed on record along with the complaint a memorandum issued by the bank, noticing return of the mandate on account of insufficiency of funds. Sh.Bhola has, further, argued that the offence as envisaged u/sec.-25 of the Payments & Settlement Systems Act (hereinafter referred to as 'the PSS Act') was completed, when the respondent, who had taken a loan and had issued authorization to debit the amount each month from his account failed to maintain sufficient balance in his account, thereby, resulting in failure of debit of amount. It is, therefore, argued that the Ld. MM committed a grave error in dismissing the complaint as both the documents constituting the offence were on record.

1. The plaintiff has filed the present suit against the defendant for recovery of Rs. 2,72,858/­. The brief facts of the present case are as under :­ 1.1 That the plaintiff is the proprietor of M/s S.K. Enterprises and doing the business of government electrical contractor since 1995.

1.2 That defendant No. 2 is known to the plaintiff for more than 20 years and defendant No. 2 was running his business of sale of electrical goods as proprietor/partner of defendant No. 1 for the last 7/8 years from the aforesaid address and presently doing the business from the top floor of the aforesaid address.

1.3 That in the first week of March, 2015 defendant No. 2 had requested for a friendly loan of Rs. 2,50,000/­ from the plaintiff for some urgent business need for one week and considering the old friendship with defendant no. 2, the plaintiff had agreed to give a sum of Rs. 2,00,000/­ to the defendants but defendant No. 2 was insisting to increase the amount from Rs. 2,00,000/­ and accordingly, the plaintiff had agreed to give Rs. 2,01,000/­ to the defendants as a friendly loan for one week to the defendant and transferred an amount of Rs. 2,01,000/­ on 09.03.2015 by RTGS No. 17673 from the account of his firm M/s S.K. Enterprises Page 2 of 10 bearing No. 034902000001291 with Indian Overseas Bank, Roop Nagar, Delhi to the account of defendant No. 1 bearing No. 914020024386296 with Axis Bank, Mukherjee Nagar, Delhi having IFSC code No. UTIB0001838.

2. The case of the plaintiff as disclosed from the plaint is that the plaintiff is engaged in the business of providing internet services under licence from Department of Telecommunications, Ministry of Communications & Information Technology. The defendants approached the plaintiff for taking internet services and after negotiations the plaintiff agreed to provide services to a defendant and thereafter the plaintiff and the defendant signed customer application form (CAF) on 04.04.2015. The plaintiff provided the internet services to a defendant No. 1 company on monthly basis and after providing the services, the plaintiff raised bill of Rs.27,54193/­ and out of the said amount the defendants paid a sum of Rs. 22,08,000/­ and the balance sum of Rs. 5,46,193/­ is outstanding and due against the defendants which defendants failed to pay despite demands from the plaintiff.

Nomadic communities make up about 7 percent of India's population, but policy makers have largely ignored them, says Bahar Dutt.

A wide-cross section of academicians and civil society organisations have come together to express dissent at the threat of closure of a well known rural school in Bandhyali, Rajasthan. They are demanding that the government honour its own commitments to provide free, good education to all children, reports Deepti Priya Mehrotra.

This 15-year-old school in Rajasthan has been providing quality education accessible to poor children. But going against the spirit of a High Court order, the Jaipur Development Authority has asked the Bandhyali school to pay a prohibitive sum for its allotted land. Deepa A reports.

Responding to reports of high stress among students and parents, the state proposes to revise the grading system used in Class X. Sreedevi Jacob reports on the hopes and fears it has raised.

The Suryanelli case involved a 16-year-old girl who was allegedly sexually harassed and assaulted continuously for 40 days by 42 men in 1996. A special court convicted 36 accused during 2000-2, but the High Court of Kerala surprisingly overturned that verdict in January this year. M Suchitra reports.

With a long history of support for public education, Kerala has led the nation's movement towards universal literacy. But now, with the early challenges conquered, there are tough new lessons to be learned, to provide equitable, quality education. Deepa A reports.

With crop prices rising 30-fold, thousands of farmers in the hills of the south abandoned their traditional crops and switched to vanilla, with bank loans and rumours fueling their already unrealistic hopes even higher. But of course it was all too good to be true for very long. N P Chekkutty reports.

India's share in international trade has increased from 0.7 percent to 1 percent, which is a remarkable achievement, some say. In the meantime, lakhs of farmers in Kerala are being adversely affected by reduction of import tariffs on edible oils, spices and other cash crops. Thomas Varghese delves deeper.

In Kerala, considered a role model for other parts of the country, almost all Muslim children up to the tenth standard are in school, numbers that compare well to that of other communities. Yet, the story is very different when one looks at higher education, writes Deepa A.

In Attapady block of Kerala's Palakkad district, illicit liquor is taking a heavy toll among the adviasis. Addiction to the brew has led to many deaths and suicides, even as a complacent and complicit administration looks on. M Suchitra reports.

For seven-year-old Sandhya and her siblings, totally dependant on their mother who ekes out a living by making beedis, the state government's relief package, announced nearly 18 months ago, is simply not enough. Many more suffer the same fate. P N Venugopal reports.

Some sections in Kerala are already blaming the land reform law for hurting big industrial projects; meanwhile around 10,000 dalit and adivasi families are locked in a struggle for the original entitlements that never came, reports M Suchitra.

The new class VII social science textbook in Kerala has become the cause of clashes. Groups agitating against the book allege its content is anti-religion, while the state curriculum board says it propagates religious tolerance. P N Venugopal reports on the controversy.

The K N Panikkar committee recommended a change in a controversial chapter of a social sciences textbook that triggered violent agitation on the grounds that it promoted atheism and communism. P N Venugopal has more.

Since Kerala and ASEAN countries both produce several similar items, competition from the latter is a cause of worry in the former. But the Centre has over-ridden the State's objections to the free trade agreement, writes Bhaskar Goswami.

Over 1400 families who had started living on the rubber plantation of Harrisons & Crossfields -- the Chengara struggle -- will now get land in a deal brokered by the Chief Minister in the presence of the Leader of the Opposition. P N Venugopal takes stock.

The rape of 21 women and girls has exposed deep-rooted ethnic divisions as well as fissures in Manipur's civil society. As every tribe has rushed to arm itself, women find themselves embattled between warring groups, and their bodies are the terrain the war is fought on. Linda Chhakchhuak reports.

Acute poverty linked to armed conflict and displacement is a major reason for the growing number of commercial sex workers in Manipur. Drug abuse too is common, further impacting those turning to the world's oldest profession. Thingnam Anjulika Samom reports.

Raging violence across the state continues to take the lives of young men in Manipur. For the young widows left behind, the struggle for survival is fraught with newly added responsibilities, for which many of them are ill-prepared. Thingnam Anjulika Samom reports.

For decades now the beautiful state of Manipur has been wracked by a violent insurgency and torn by the excesses of a draconian army. Anjali Nayar visits the state, bringing back poignant tales and the feeling of what it is like to live with fear.

The Budhan Theatre Group has become the nexus for a movement to change attitudes towards denotified tribes both within Ahmedabad's Chharanagar community and outside it.

Traditionally, India's dairy cooperative societies have been run by men, but this is gradually changing. Today, 18% of cooperative members are women, and nearly 2500 all-women cooperatives are functioning in the country. Sunanda Nehru Ganju reports from Gujarat, where new livelihoods for women are being established this way.