The High Court examined the validity of the summoning order and framing of notice u/s 138 of the...

The High Court examined the validity of the summoning order and framing of notice u/s 138 of the Negotiable Instruments Act, 1881, in a dishonor of cheque case. It reiterated that the High Court's inherent powers u/s 482 of the CrPC (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) should be exercised sparingly and with caution, without unnecessary interference unless there is material irregularity or illegality. Section 138 provides a quasi-criminal remedy for dishonor of cheques, and summons may be quashed if the complaint lacks evidence of an offence. The High Court cannot examine disputed facts u/s 482 when the complainant contests the plea. Summons can be issued only when a prima facie case is made out based on document..... .....

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