Supreme Court: No Pre-Cognizance Summons In Cheque Bounce Cases

The Supreme Court ruled that summons in cheque bounce cases under Section 138 of the Negotiable Instruments Act cannot be issued before the magistrate takes cognizance of the complaint. The Court directed that trial courts must follow proper procedures to avoid misuse of criminal law and ensure timely justice. It stressed that issuing summons without judicial satisfaction undermines due process. To reduce pendency, the Court emphasized the need for strict timelines and efficient case management in cheque dishonor cases. This decision strengthens safeguards for accused individuals while protecting the complainant’s right to a speedy remedy, thereby balancing fairness and judicial efficiency in financial dispute litigation.