Trial Courts Should Not Summon An Accused Without Proper Reason: Delhi High Court

Trial Courts Should Not Summon An Accused Without Proper Reason: Delhi High Court

The Delhi High Court set aside the trial court summons issued to a man accused of cheating Indiabulls Securities of ₹98 lakh, holding that the trial court failed to apply a judicial mind and properly scrutinise the evidence. 

The Court observed that the complaint filed under Section 420 of the IPC by Indiabulls Securities, alleging misuse of margin trading facilities, resulted in a summoning order that lacked proper reasoning and reflected mechanical satisfaction without examining key facts.

The Court noted that the case appeared to be civil in nature but was wrongly given a criminal character, and it warned against the misuse of criminal proceedings to harass individuals.

Read Details / a month ago

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