The High Court examined the validity of the summoning order and ...

High Court Upholds Trial Court's Decision on Summoning Order Validity in Cheque Dishonor Case u/s 138.

November 5, 2024

Case Laws     Indian Laws     HC

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 documents and evidence with the complaint. The Court upheld the Trial Court's reasoned order rejecting the revision petition and framing the notice of charge, finding no grounds to invoke Section 482 jurisdiction at this stage. It highlighted the procedural hardship often faced by complainants in Section 138 cases due to frequent challenges to summoning orders.

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