Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Rameshwar Guleria – Appellant
Versus
Ashwani Guleria – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The respondent/complainant filed a complaint against the petitioner/accused before the learned Judicial Magistrate, First Class, Indora (learned Trial Court) for taking action against him for violation of Section 138 of Negotiable Instruments Act (in short ‘NI Act’).
2. Learned Trial Court passed the following orders on18.11.2024:
“Ms. Vandana Pathania, learned Advocate for the complainant.
Be Registered. Notice be issued to accused for25.02.2025.”
3. Being aggrieved from the order passed by learned Trial Court, the petitioner/accused has approached this Court by filing the present petition.
4. I have heard Mr. Virender Thakur, learned counsel for the petitioner and Mr. Naresh Kaul, learned counsel for the respondent.
5. Mr. Virender Thakur, learned counsel for the petitioner has submitted that the order passed by learned Trial Court does not show the application of mind which is necessary before issuing of summons. He relied upon the judgment of Hon’ble Supreme Court in J.M. Laboratories v. State of A.P., 2025 SCC OnLine SC 208, in support of his submission.
6. Mr. Naresh Kaul, learned counsel for the respondent has fairly conceded that he is not in a posi
The Magistrate must provide sufficient reasoning when summoning an accused, reflecting a proper application of mind to the facts and law, as established in relevant case law.
Issuance of summons in criminal cases must reflect a Magistrate's application of mind to the complaint’s allegations and the supporting evidence, ensuring valid grounds for proceeding under section 1....
An order under Section 204 of the Cr.P.C. cannot be valid unless the Magistrate provides clear reasoning to establish a prima facie case, ensuring ample judicial consideration.
A Magistrate must provide adequate reasoning in a cognizance order to demonstrate a prima facie case; failure to do so invalidates the order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
