Payment and Settlement Systems Act, 2007
28. Cognizance of
offences. -
1.
No
court shall take cognizance of an offence punishable under this Act except upon
a complaint in writing made by an officer of the Reserve Bank generally or
specially authorised by it in writing in this behalf, and no court, lower than
that of a Metropolitan Magistrate or a Judicial Magistrate of the first class
shall try any such offence: Provided that the Court may take cognizance of an
offence punishable under section 25 upon a complaint in writing made by the
person aggrieved by the dishonour of the electronic funds transfer.
2.
Notwithstanding
anything contained in the Code of Criminal Procedure, 1973, a Magistrate may
dispense with the personal attendance of the officer of the Reserve Bank filing
the complaint, but the Magistrate may, in his discretion, at any stage of the
proceedings, direct the personal attendance of the complainant.