High Court Upholds Criminal Prosecution for Dishonoured e-NACH Mandates Under Section 25 PSS Act
Litigants: M/s Capital Float Financial Services Pvt. Ltd. v. State of Maharashtra & Anr.
A retail borrower defaulted on an unsecured personal credit facility amounting to ₹8.5 Lakh. Upon presentation, the auto-debit electronic NACH mandate was dishonoured with the reason code 'Account Closed / Insufficient Balance'. The NBFC served a statutory demand notice within 30 days under Section 25 of the Payment and Settlement Systems Act, 2007. The borrower challenged the criminal complaint, arguing that digital mandates do not carry the penal sanctions of physical cheques under Section 138 NI Act.
The High Court held that electronic NACH mandates executed through NPCI-authorized banking rails fall squarely within the statutory framework of Section 25 of the PSS Act, 2007. The penal consequences, procedural safeguards, and statutory presumption of debt dishonour are identical to Section 138 of the Negotiable Instruments Act. Financial institutions that preserve digital mandate timestamps and send formal statutory demand notices within 30 days are entitled to initiate criminal proceedings.