The procedural compliance regarding issuance of summons must be adhered to in judicial processes pertaining to dishonoured cheques under the Negotiable Instruments Act.

O R D E R

The challenge in this Revision Petition is to the order dated 14.01.2026 dismissing C.C.No.274/2025 on the file of the Judicial First Class Magistrate Court, Pattambi, on the ground that the petitioner/complainant has not taken steps to issue summons to the party respondent.

2. The petitioner/complainant filed a complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act , 1881, against respondent No.1 before the Judicial First Class Magistrate Court, Pattambi. 3. The petitioner/complainant alleged that the party respondent executed a cheque for a sum of Rs.4,25,000/- in favour of the complainant and it was dishonoured due to ‘insufficiency of funds’ when presented for encashment. 4. On 22.03.2023, the Jurisdictional Magistrate issued summons to the accused to appear on 13.05.2025. On 13.05.2026, the Court ordered to repeat summons. Thereafter, on 23.07.2025 and on 06.11.2025 also the Court ordered to repeat summons to the accused.

5. Thereafter, on 14.01.2026 the learned Magistrate dismissed the complaint on the ground that the complainant did not produce the stamped cover to issue summons. The case of the petitioner is that, along with the complaint, he had produced a stamped cover for sending the summons. Since no specific direction had been issued to produce a stamped cover, he was under the impression that the necessary steps had already been taken.

6. The learned counsel for the petitioner submitted that the counsel representing the complainant before the Trial Court failed to note that the petitioner should have produced a stamped cover for sending the summons. The learned counsel for the petitioner also submitted that the stake involved is high as the amount covered by the cheque is Rs.4,25,000/-. It is further submitted that he was prosecuting the complaint diligently.

7. The learned counsel for the party respondent opposed and submitted that the laches on the part of the petitioner/complainant is evident from the fact that he had not taken steps to issue summons.

8. Having considered the entire circumstances, this Court feels that the petitioner is to be given a further opportunity to prosecute the case. Therefore, the order dated 14.01.2026, dismissing the complaint stands set aside. C.C.No.274/2025 on the file of the Judicial First Class Magistrate Court, Pattambi, is restored to file. The learned Magistrate shall proceed with the matter, in accordance with law. The parties are directed to appear before the Trial Court on 18.05.2026.

The Criminal Revision Petition is allowed as above.

Sd/-