APPLICATION UNDER SECTION 228 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 

IN THE COURT OF THE LEARNED 13TH JUDICIAL MAGISTRATE

AT CALCUTTA

 

C.S. 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/PETITIONERS UNDER SECTION 228 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, CORRESPONDING TO SECTION 205 OF THE CODE OF CRIMINAL PROCEDURE, 1973, READ WITH SECTION 355 OF THE BNSS, 2023, PRAYING FOR DISPENSATION OF PERSONAL ATTENDANCE AND FOR PERMISSION TO BE REPRESENTED THROUGH LEARNED ADVOCATE

 

MOST RESPECTFULLY SHOWETH;

 

1. That the present application is being filed on behalf of the accused/petitioners, namely, (i) Ranjit Singh, and (ii) Harjeet Kaur, both residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, District Sambalpur, Odisha – 768001, in connection with the instant complaint case being C.S. No. 328168 of 2026, instituted by the complainant, L & T Finance Limited.

 

2. That the instant complaint case has been instituted alleging commission of an offence punishable under Section 25 of the Payment and Settlement Systems Act, 2007, as reflected in the summons issued by this Learned Court.

 

3. That this Learned Court has been pleased to issue summons upon the accused persons requiring them to appear before this Learned Court on 06.10.2026 at 10:00 a.m. The summons specifically records the direction that the accused persons are required to appear “in person / by pleader” before the Learned 13th Judicial Magistrate at Calcutta.

 

4. That the accused persons most respectfully submit that the aforesaid expression appearing in the summons itself permits appearance through a pleader/advocate, subject to the discretion and satisfaction of this Learned Court. The accused persons, therefore, seek permission to be represented through their learned advocate, without insisting upon their physical presence on each and every date of hearing.

 

5. That the accused No. 1, namely, Ranjit Singh, is a permanent resident of Sambalpur, Odisha, and is carrying on business under the name and style of Janata Trading Co. The accused is presently undergoing medical treatment for his existing health-related difficulties and has been advised medical care and treatment. His medical documents are being annexed to the present application for the kind consideration of this Learned Court.

 

6. That, owing to his present medical condition and the necessity of continuing medical consultation and treatment, it would cause considerable hardship and inconvenience to accused No. 1 to undertake repeated long-distance journeys from Sambalpur, Odisha, to Kolkata for the purpose of attending each and every date fixed in the instant proceeding.

 

7. That accused No. 2, namely, Harjeet Kaur, is also a permanent resident of Sambalpur, Odisha, and is presently undergoing medical treatment. She has been suffering from severe pain in her right leg and, owing to the said condition, is presently unable to walk normally and is experiencing considerable difficulty in moving from one place to another.

 

8. That the medical prescriptions and treatment-related documents concerning accused No. 2, Harjeet Kaur, are annexed hereto for the kind perusal and consideration of this Learned Court. Her physical condition makes long-distance travel from Sambalpur to Kolkata particularly difficult and causes her considerable pain, discomfort and hardship.

 

9. That the accused persons further submit that they are residing at a considerable distance from the jurisdiction of this Learned Court. Their repeated physical attendance at Kolkata would entail substantial travelling expenditure, physical inconvenience, disruption of business and domestic responsibilities, and additional hardship, particularly in view of the present medical circumstances of the accused persons.

 

10. That the accused persons have the utmost respect for the majesty of law and for the authority and dignity of this Learned Court. They have never intended and do not intend to evade the process of law, avoid the jurisdiction of this Learned Court or cause any unnecessary delay in the disposal of the instant proceeding.

 

11. That the accused persons have duly authorised and engaged Learned Advocate Shri Pritam Das to represent them before this Learned Court in connection with the instant complaint case. The said learned advocate shall appear, act and plead on behalf of the accused persons and shall take all necessary steps for the proper conduct of the proceeding in accordance with law.

 

12. That the accused persons undertake that their learned advocate, Shri Pritam Das, shall remain duly present before this Learned Court on the dates fixed for hearing, subject to the orders and directions of this Learned Court, and shall duly represent the accused persons throughout the proceeding, unless otherwise directed.

 

13. That the accused persons further undertake to furnish all necessary instructions, documents and assistance to their learned advocate for the proper and effective conduct of their defence. They shall extend their fullest cooperation for the expeditious disposal of the instant complaint case.

 

14. That the accused persons respectfully submit that the instant proceeding, as reflected from the nature of the summons issued by this Learned Court, is being proceeded with before a Learned Magistrate and is stated by the accused persons to be summary in nature and triable by a Magistrate of the First Class. The accused persons submit that, having regard to the nature of the proceeding and the nature of the relief sought herein, their personal attendance on each and every date is not indispensable for the effective progress of the case, subject to the satisfaction of this Learned Court.

 

15. That the accused persons further submit that the summons expressly provides an option to appear “in person / by pleader”. The accused persons are, therefore, seeking to avail themselves of the said facility by requesting this Learned Court to permit their representation through their learned advocate, particularly in view of their medical conditions and their considerable distance from Kolkata.

 

16. That the accused persons undertake that they shall not dispute or put the complainant to proof of the identity of the accused persons in the course of the proceedings, where the same is otherwise legally permissible, and shall remain represented through their learned advocate, Shri Pritam Das.

 

17. That the accused persons further undertake that they shall not unnecessarily object to or dispute the evidence and documents tendered by the complainant during the trial in the presence of their learned advocate, Shri Pritam Das, and shall cooperate with the conduct of the proceeding. Such undertaking is intended to facilitate the expeditious disposal of the matter and shall not be construed as an admission of the allegations contained in the complaint or as a waiver of any substantive or legally protected defence, unless expressly made in accordance with law.

 

18. That the accused persons undertake that, whenever their personal presence is specifically directed by this Learned Court for any purpose, including recording of plea, identification, examination under the applicable law, or any other purpose where such personal attendance is considered necessary in the interest of justice, they shall appear before this Learned Court on the date so directed, subject to any further order passed by this Learned Court.

 

19. That the accused persons further undertake that they shall not seek unnecessary adjournments and shall not adopt any course of conduct that may impede the expeditious disposal of the instant complaint case.

 

20. That Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 205 of the Code of Criminal Procedure, 1973, empowers the Learned Magistrate, where sufficient reason exists, to dispense with the personal attendance of an accused and permit the accused to appear through an advocate.

 

21. That the accused persons respectfully submit that their present medical difficulties, the inability of accused No. 2 to walk normally due to severe right-leg pain, the ongoing treatment of accused No. 1, the considerable distance between Sambalpur and Kolkata, and the engagement of a duly instructed learned advocate constitute sufficient and genuine grounds for consideration of the present application.

 

22. That the accused persons further submit that, in the event that this Learned Court considers it appropriate to proceed with the enquiry or trial in the absence of the accused persons while they are represented by their learned advocate, the provisions of Section 355 of the BNSS, 2023, may also kindly be considered, subject to the satisfaction of this Learned Court and the requirements of law.

 

23. That the accused persons are ready and willing to comply with any reasonable terms and conditions that this Learned Court may deem fit and proper to impose while allowing the present application.

 

24. That no prejudice shall be caused to the complainant or to the proper adjudication of the instant complaint case if the personal attendance of the accused persons is dispensed with and they are permitted to be represented through their learned advocate. On the contrary, such an order would avoid unnecessary hardship to the accused persons while ensuring the proper and orderly progress of the proceeding.

 

25. That the present application is being filed bona fide and in the interest of justice, and the accused persons pray that the same may kindly be allowed.

 

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

 

a) Allow the present application filed under Section 228 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 205 of the Code of Criminal Procedure, 1973;

 

b) Dispense with the personal attendance of accused No. 1, Ranjit Singh, and accused No. 2, Harjeet Kaur, in the instant complaint case, having regard to their medical difficulties, the considerable distance from Sambalpur, Odisha, to Kolkata, and the other grounds stated herein;

 

c) Permit the accused persons to appear and be represented through their learned advocate, Shri Pritam Das, on all dates of hearing, unless their personal attendance is specifically directed by this Learned Court;

 

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

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

VERIFICATION

 

We, (i) Ranjit Singh, son of ____________________, and (ii) Harjeet Kaur, wife/daughter of ____________________, both residing at Kolkata Bajar Road, Nayapara, Sambalpur Sadar, P.O. Sambalpur, District Sambalpur, Odisha – 768001, the accused/petitioners herein, do hereby verify that the statements made in paragraphs 1 to 25 of the foregoing application are true and correct to our knowledge and belief, based on the facts known to us, and that we have not suppressed any material fact.

 

Verified at ____________________ on this ______ day of October, 2026.

 

 

 

 

Signature of Accused No. 1

Ranjit Singh

 

 

 

Signature of Accused No. 2

Harjeet Kaur