APPLICATION UNDER SECTION 227(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

IN THE COURT OF THE LEARNED 13TH JUDICIAL MAGISTRATE

AT CALCUTTA

 

C.S. Case No. 328168 of 2026

{Under Section 25 Payment & Settlement Act 2007}

 

L & T FINANCE LIMITED

... Complainant

-Versus-

 

RANJIT SINGH, & OTHERS

... Accused Persons

 

APPLICATION ON BEHALF OF THE ACCUSED PERSONS, NAMELY, RANJIT SINGH AND HARJEET KAUR, UNDER SECTION 227(3) OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, FOR SUPPLY OF A COPY OF THE COMPLAINT AND ALL DOCUMENTS ANNEXED THERETO, THE SAME NOT HAVING BEEN SERVED ALONG WITH THE SUMMONS

 

MOST RESPECTFULLY SHOWETH;

 

1. That the instant case, being C.S. Case No. 328168 of 2026, has been instituted before this Learned Court by the complainant, namely, L & T Finance Limited, against the accused persons, including the present applicants, in connection with an alleged offence under Section 25 of the Payment and Settlement Systems Act, 2007.

 

2. That the present applicants, namely, (i) Ranjit Singh, Proprietor of Janata Trading Co., residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, Odisha – 768001; and (ii) Harjeet Kaur, residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, Odisha – 768001, are the accused persons in the aforesaid proceeding and are filing the present application through their learned Advocate.

 

3. That this Learned Court was pleased to issue summons dated 01.09.2026, directing the accused persons to appear before this Learned Court on 06.10.2026 at 10:00 a.m., in connection with the aforesaid case.

 

4. That upon receipt of the aforesaid summons, the present applicants carefully examined the contents thereof and found that the summons mentions an alleged charge under Section 25 of the Payment and Settlement Systems Act, 2007.

 

5. That the summons further contains an endorsement stating “Copy attached” against the particulars of the alleged offence.
6. That, however, the applicants state that the copy of the complaint, as referred to in the summons, was not supplied or enclosed along with the summons served upon them.

 

7. That the applicants are, therefore, presently unaware of the precise factual allegations made against them by the complainant, the specific transactions relied upon, the nature of the alleged contravention, the basis of the alleged criminal liability, and the materials, if any, relied upon by the complainant for the purpose of initiating the present proceeding.

 

8. That the applicants most respectfully submit that the complaint is the foundational document of a complaint case. The allegations contained therein are required to be examined by the accused persons and their learned Advocate in order to understand the precise nature of the prosecution case and to take appropriate legal steps in accordance with law.

 

9. That Section 227(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 expressly provides that, in a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

 

10. That the aforesaid statutory requirement is intended to ensure that an accused person is duly informed of the allegations forming the basis of the criminal proceeding and is afforded a meaningful opportunity to defend himself or herself in accordance with law.

 

11. That the applicants respectfully submit that the absence of the complaint from the papers served upon them has caused substantial difficulty in understanding the case and preparing an effective response before this Learned Court.

 

12. That the applicants are desirous of appearing before this Learned Court and cooperating with the judicial proceedings, subject to their rights and remedies available under law. However, the applicants are entitled to receive a copy of the complaint before being required to effectively respond to the allegations made against them.

 

13. That unless and until a copy of the complaint is made available to the applicants, the applicants will not be in a position to ascertain, inter alia a. The precise allegations levelled against each of the accused persons; b. The factual circumstances in which the alleged offence is stated to have been committed; c. The specific transaction or transactions forming the subject matter of the complaint; d. The role attributed to each of the accused persons individually; e. The basis upon which the complainant alleges the commission of an offence under Section 25 of the Payment and Settlement Systems Act, 2007; and f. The nature of the relief or adjudicatory action sought by the complainant before this Learned Court.

 

14. That the applicants further submit that, if any documents, statements, transaction records, notices, authorisations, agreements, electronic records or other materials have been annexed to or incorporated into the complaint and have been relied upon for the institution of the proceeding, the applicants may also require copies of such materials, subject to the applicable provisions of law and the orders of this Learned Court.

 

15. That the applicants state that the present application is being filed bona fide and in the interest of justice. The same is not intended to delay the proceeding or to avoid the jurisdiction of this Learned Court in any manner whatsoever.

 

16. That the applicants crave leave to submit that an accused person cannot be expected to effectively answer or address allegations which have not been disclosed to him or her through the foundational complaint. Furnishing a copy of the complaint would enable the applicants to understand the case, obtain appropriate legal advice and take such steps as may be permissible in law.

 

17. That the applicants further submit that the omission to furnish the complaint along with the summons appears to be an inadvertent procedural omission, and the applicants seek rectification of the same by obtaining the relevant documents from the records of this Learned Court.

 

18. That the applicants undertake to receive the copy of the complaint and the relevant accompanying documents through their learned Advocate or in such manner as this Learned Court may deem fit and proper.

 

19. That the applicants reserve their right to take such further steps, including filing an appropriate application or raising appropriate legal objections, as may be advised upon perusal of the complaint and the documents supplied to them. The present application may kindly not be construed as an admission of the allegations made in the complaint or as a waiver of any defence or legal remedy available to the applicants.

 

20. That it is, therefore, just, necessary and expedient, in the interest of fairness and the proper administration of criminal justice, that the complainant or the concerned office of this Learned Court be directed to furnish the applicants with a complete and legible copy of the complaint and the documents required to accompany the same in accordance with law.

 

In the aforesaid facts and circumstances, it is most humbly prayed that Your Honour may graciously be pleased to;

 

a. Allow the present application;

 

b. Direct the concerned office of this Learned Court and/or the complainant, L & T Finance Limited, to furnish the applicants with a complete and legible copy of the complaint filed in connection with C.S. Case No. 328168 of 2026, the same not having been supplied along with the summons;

and

 

c. Pass such other or further order or orders as Your Honour may deem fit and proper in the interest of justice.

 

AND FOR THIS ACT OF KINDNESS, THE APPLICANTS, AS IN DUTY BOUND, SHALL EVER PRAY.

 

VERIFICATION

 

I, Ranjit Singh, one of the applicants above named, do hereby verify that the statements made in paragraphs 1 to 20 of the foregoing application are true and correct to my knowledge and belief, based on the records available to me, and that I have not suppressed any material fact.

 

Verified at Calcutta on this _____ day of ____________, 2026.

 

 

 

 

Signature of the Applicant

Ranjit Singh