P&H: Sets aside cheque bounce summoning order for Opportunity of hearing to accused under BNSS S.223(1)
The Punjab and Haryana High Court has set aside a summoning order in a cheque bounce case after finding that the Magistrate took cognizance without first giving the accused an opportunity of hearing, as required under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case arose from a complaint under Sections 138 and 141 of the Negotiable Instruments Act, 1881. The complainant alleged that he had paid Rs. 25 lakh to a developer company for a plotted project, but when the project could not be completed, the parties entered into a cancellation agreement and a cheque was issued for refund of...
