No Pre-Cognizance Notice Required in Cheque Bounce Cases: Gauhati High Court

The Gauhati High Court held that a Magistrate is not required to issue a pre-cognizance notice to the accused in complaints under Section 138 of the Negotiable Instruments Act.

The Court clarified that invoking Section 223 of the BNSS at the pre-cognizance stage is legally unsustainable, as the NI Act is a special law.

The Court set aside the trial court’s direction issuing notice and directed fresh consideration on cognizance and issuance of process.

[PD Savera LLP v. Galacon Infrastructure and Projects Pvt. Ltd. & Ors.]