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Indian Laws - Highlights / Catch Notes

Home Highlights November 2023 Year 2023 This

Dishonour of Cheque - Whether the learned MM in the present ...


Magistrate's Preliminary Inquiry Confirmed Sufficient for Issuing Summons in Dishonored Cheque Case.

November 11, 2023

Case Laws     Indian Laws     HC

Dishonour of Cheque - Whether the learned MM in the present cases has conducted an preliminary / necessary inquiry u/s 202 of the CrPC before issuance of summons to the Accused? - HELD Yes - If the contention of the Accused is accepted that the MM has to conduct an inquiry by appreciating the terms and conditions of the Agreement entered into between the parties to ascertain if a legally enforceable debt has arisen, it would result in a full trial being conducted even before the issuance of summons. - HC

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