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2. Chitranjan Kumar Singh ...Opp. Parties CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner : - Mr. Manish Kumar, Advocate For the State :- Mrs. Laxmi Murmu, A.P.P.

06/06.05.2020 The present revision petition is taken up through Audio/Video conferencing.

Heard learned counsel for the petitioner as well as the learned A.P.P. appearing on behalf of the State of Jharkhand (opposite party no.1).

Admit.

Issue notice to the opposite party no. 2.

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.

A fire at a Moscow hospital treating people infected by the new coronavirus killed one patient and forced the evacuation of about 200 others. News reports said the fire at the facility in the northern part of the city has been extinguished. No cause was immediately determined for the fire, which affected a ward of the hospital that had been repurposed for treating victims of the new coronavirus. Mayor Sergei Sobyanin confirmed reports that a patient had died and said those evacuated would be transferred to other hospitals. It was not clear how many of the evacuees were suffering from COVID-19.

Taliban leaders searched their ranks, including the much-feared Haqqani network, and on Sunday said they are not holding Mark R Frerichs, a Navy veteran turned contractor who was disappeared in Afghanistan in late January. "We don't have any information about the missing American," Sohail Shaheen, Taliban's political spokesman, told the AP in a message on Sunday. A second Taliban official familiar with the talks with the United States said "formally and informally" the Taliban have notified US officials they are not holding Frerichs. He spoke on condition of anonymity because he was not authorised to speak to the media. Washington's peace envoy Zalmay Khalilzad, who negotiated a peace deal with the Taliban signed in February to allow America and NATO countries to withdraw their troops and end decades of war, asked for Frierchs' release during his meetings this week in the Middle Eastern State of Qatar where the Taliban maintain a political office. In a statement late Saturday by the ..

New York Governor Andrew Cuomo, who has won bipartisan praise for rallying supplies for his ravaged hospitals and helping slow the coronavirus, is coming under increasing criticism for not bringing that same level of commitment to a problem that has so far stymied him: nursing homes. In part-lecture, part-cheerleading briefings that have made him a Democratic counter to President Donald Trump, Cuomo has often seemed dismissive and resigned to defeat when asked about his state leading the nation in nursing home deaths. We've tried everything to keep it out of a nursing home, but it's virtually impossible, Cuomo told reporters. Now is not the best time to put your mother in a nursing home. That is a fact. Residents' relatives, health care watchdogs and lawmakers from both parties cite problems with testing and transparency that have prevented officials and the public from grasping the full scale of the catastrophe. And they are second-guessing a state directive that requires nursing ..

The concessions given by the UP government to traders will prove to be a pace setter for the revival of economic activity in the state at a time when the nation is going through a rough phase due to the COVID-19 outbreak, UP Vyapaari Kalyan Board chairman Ravi Kant Garg said. He said the exemption from labour laws for three years is bound to open gates for economic growth that was hit by the coronavirus lockdown. Such measures will spur economic activities and boost the investment climate in the state, Garg said while talking to a group of reporters on Saturday evening. He further said that exemption of 46 variety of fruits and vegetables from the clutches of Mandi Adhiniyam Suchana through Krashi Utapadan Mandi Adhiniyam (Sansodhan) ordinance 2020 would boost the trade. It is bound to help farmers as well as traders, he added. Now, the farmer would be free to sell his produce outside Mandi Parishad. Exemption of Mandi shulk (Mandi tax) from 46 variety of grains would provide maximum .

Union Minister Jitendra Singh on Sunday came to the help of 13 girl students from the Northeast studying in Delhi University, after they were asked to vacate their hostel, and he made it clear that they can continue to stay in their current accommodation "as long they as wish". The minister for Development of the North Eastern Region (DoNER) intervened after the DU administration asked the students to vacate the North Eastern Students House for Woman by May 31. The provost had asked the students to leave the hostel as soon as possible due to the expiry of mess contract by month-end. While the hostel has a capacity of about 100, currently 13 students are stuck there because of the lockdown. "I have spoken to vice-chancellor of the Delhi University Prof Y C Tyagi regarding the students and resolved the issue. They can continue to stay comfortably in the hostel as long as they wish," Singh said here. The minister said no one should bother students and put them under any kind of ...

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