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Issues:
1. Quashing of summoning order under Section 138 of the Negotiable Instruments Act. 2. Application of Section 142 of the Act for liability of accused. 3. Compliance with legal procedures in summoning accused. Analysis: 1. The petitioner challenged the summoning order issued by the Metropolitan Magistrate under Section 138 of the Negotiable Instruments Act. The complaint did not name the petitioner as an accused, nor did it contain any allegations to implicate him under Section 142 of the Act. The petitioner argued that the summoning order lacked legal basis as his name was not mentioned in the complaint, and there were no allegations connecting him to the offense. The petitioner contended that the issuance of summons to "other Directors" without specific identification was a serious matter, especially in a criminal case, potentially causing undue hardship and inconvenience to those summoned. 2. The respondent's counsel suggested that the petitioner could be held liable under sub-clause (2) of Section 142 of the Act for the offense under Section 138. However, the court emphasized that in criminal cases, the burden lies on the complainant to establish all elements of the offense before the court can proceed against an accused. The court highlighted that only permissible presumptions under the law can be raised by the prosecution, and the accused is entitled to the presumption of innocence in their favor. Therefore, the mere presumption of liability under Section 142(2) was deemed insufficient to summon the petitioner without proper allegations in the complaint. 3. The court reiterated the importance of due diligence in summoning accused individuals in criminal cases. Citing the Supreme Court's guidance in previous cases, the court emphasized that summoning an accused is not a formality, and the court must be satisfied based on the complaint and supporting evidence that there are sufficient grounds for proceeding against the accused. The court warned against mechanical issuance of summoning orders without proper material on record, as it could lead to grave injustice for those wrongly summoned. The court highlighted the need for the magistrate to carefully scrutinize the evidence and allegations before summoning the accused, ensuring a fair and just legal process. In conclusion, the court quashed the summoning order against the petitioner, emphasizing the lack of legal basis and proper allegations connecting him to the offense under Section 138 of the Negotiable Instruments Act. The judgment underscored the importance of following legal procedures and ensuring sufficient grounds before summoning individuals in criminal cases to uphold justice and prevent unwarranted hardship.
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