IN THE COURT
OF THE LEARNED 17TH JUDICIAL MAGISTRATE
AT CALCUTTA
C.S. No. 359034
of 2026
{Under
Section 25 Payment & Settlement Act 2007}
ADITYA BIRLA CAPITAL LIMITED
...
Complainant
-Versus-
RANJIT SINGH,
...
Accused
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;
- That
the present application is being filed on behalf of the
accused/petitioner, namely, Ranjit
Singh, 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. 359034 of 2026, instituted by
the complainant, Aditya Birla Capital Limited.
- 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.
- That
this Learned Court has been pleased to issue summons upon the accused
persons requiring him to appear before this Learned Court on 15.10.2026 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.
- 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.
- That
the accused 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.
- 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 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.
- That
the accused person further submit that he is residing at a considerable
distance from the jurisdiction of this Learned Court. His 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 person.
- That
the accused person have the utmost respect for the majesty of law and for
the authority and dignity of this Learned Court. He has 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.
- That
the accused person have duly authorised and engaged Learned Advocate Shri Pritam Das
to represent him 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.
- That
the accused person undertake that his 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 person throughout the proceeding, unless
otherwise directed.
- That
the accused person further undertake to furnish all necessary
instructions, documents and assistance to his learned advocate for the
proper and effective conduct of his defence. He shall extend his fullest
cooperation for the expeditious disposal of the instant complaint case.
- That
the accused person 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 person submit that, having regard to the nature
of the proceeding and the nature of the relief sought herein, his 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.
- That
the accused person further submit that the summons expressly provides an
option to appear “in person / by
pleader”. The accused person is, therefore, seeking to avail himself
of the said facility by requesting this Learned Court to permit his
representation through his learned advocate, particularly in view of his
medical conditions and his considerable distance from Kolkata.
- That
the accused person undertake that he shall not dispute or put the
complainant to proof of the identity of the accused person in the course
of the proceedings, where the same is otherwise legally permissible, and
shall remain represented through his learned advocate, Shri Pritam Das.
- That
the accused person further undertake that he shall not unnecessarily
object to or dispute the evidence and documents tendered by the
complainant during the trial in the presence of his 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.
- That
the accused person undertake that, whenever his 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, he shall appear before this Learned
Court on the date so directed, subject to any further order passed by this
Learned Court.
- That
the accused person further undertake that he shall not seek unnecessary
adjournments and shall not adopt any course of conduct that may impede the
expeditious disposal of the instant complaint case.
- 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.
- That
the accused person respectfully submit that his present medical
difficulties, 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.
- That
the accused person 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 person while he is represented by his 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.
- That
the accused person is 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.
- 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 person is dispensed with and he is permitted to be represented
through his learned advocate. On the contrary, such an order would avoid
unnecessary hardship to the accused person while ensuring the proper and
orderly progress of the proceeding.
- That
the present application is being filed bona fide and in the interest of
justice, and the accused person 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 Ranjit Singh, in the instant complaint case, having regard to his
medical difficulties, the considerable distance from Sambalpur, Odisha, to
Kolkata, and the other grounds stated herein;
c)
Permit the accused person to appear and be represented through his learned
advocate, Shri Pritam Das, on
all dates of hearing, unless his 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
I,
Ranjit Singh, son of
____________________, residing at Kolkata Bajar Road, Nayapara, Sambalpur
Sadar, P.O. Sambalpur, District Sambalpur, Odisha – 768001, the
accused/petitioner herein, do hereby verify that the statements made in
paragraphs 1 to 23 of the foregoing application are true and correct to my
knowledge and belief, based on the facts known to me, and that I have not
suppressed any material fact.
Verified
at ____________________ on this ______ day of October, 2026.
Signature of
Accused
Ranjit Singh
