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Section 25(5) of Payment Act allows complaint where collecting bank is located; transfer petition dismissed

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Full Text of the Document

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....The SC dismissed the petition seeking transfer of proceedings under Section 25 of the Payment and Settlement Systems Act, 2007. The Court held that Section 25(5) of the 2007 Act incorporates Chapter XVII of the Negotiable Instruments Act, 1881, which governs dishonour of electronic funds transfers. Specifically, Section 142(2)(a) of the Negotiable Instruments Act permits lodging the complaint at the place where the collecting bank is situated. Given the electronic funds transfer mandate was for credit to the complainant's account within the Jaipur jurisdiction, the complaint was properly filed there. Consequently, no grounds existed to transfer the matter to Delhi, where the company's head office is located, and the petition for transfer was accordingly dismissed.....