Section 51. Cognizance of offences

51. Cognizance of offences . — (1) No court shall take cognizance of any offence punishable under this Act except upon a complaint in writing made by an officer of[1] [the National Housing Bank or the Reserve Bank] generally or specially authorised in writing in this behalf by[1] [the National Housing Bank or the Reserve Bank] and no court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class or a court superior thereto shall try any such offence. (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), a Magistrate may, if he sees reason so to do, dispense with the personal attendance of the officer of[1] [the National Housing Bank or 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. 2[52. Application of fine . — A court imposing fine under the Act may direct that the fine, if realised shall be applied — (a) firstly in, or towards payment of, the cost of the proceedings, and (b) secondly for repayment of the deposit to the person to whom repayment of the deposit was to be made, and on such payment, the liability of the housing finance institution to make repayment of the deposit shall, to the extent of the amount paid by the Court, stand discharged. 3[52A. Power of National Housing Bank and Reserve Bank to impose 4[penalty] . — (1) Notwithstanding anything contained in section 49, if the contravention or default of the nature referred to in the said section is committed by a housing finance institution which is a company, the National Housing Bank or the Reserve Bank, as the case may be, may impose on such company— (a) a penalty not exceeding[5] [twenty-five thousand]; or (b) where the contravention or default is under sub-section (2A) or clause (a)[6] * of sub-section (3) of that section, a penalty not exceeding[7] [ten lakh] rupees or twice the amount involved in such contravention or default, where the amount is quantifiable, whichever is more; and where such contravention or default is a continuing one, further penalty which may extend to[8] [one lakh] rupees for every day, after the first, during which the contravention or default continues. 9[(1A) If any person or housing finance institution which is a company fails to produce any book, account or other document, or to furnish any statement or information, which, under the provisions of this Act, is the duty of such person or housing finance institution to produce or furnish, the National Housing 1. Subs. by Act 23 of 2019, s. 171, for "the National Housing Bank," (w.e.f. 9-8-2019). 2. Subs. by Act 15 of 2000, s. 26, for section 52 (w.e.f. 12-6-2000). 3. Subs. by Act 23 of 2019, s. 172, for section 52A (w.e.f. 9-8-2019). 4. Subs. by Act 18 of 2023, s. 2 and Schedule, for "fine" (w.e.f. 22-1-2024). 5. Subs. by s. 2 and Schedule, ibid ., for "five thousand" (w.e.f. 22-1-2024).