No Requirement To Issue Pre-Cognizance Notice U/S 223 BNSS To Accused In Cheque Bounce Complaint: Gauhati High Court

Bhavya Singh

22 Jan 2026 3:37 PM IST

  • No Requirement To Issue Pre-Cognizance Notice U/S 223 BNSS To Accused In Cheque Bounce Complaint: Gauhati High Court

    Relying on the Supreme Court's decision in Sanjabij Tari vs. Kishore S. Borcar 2025 LiveLaw (SC) 952, the Gauhati High Court has held that a Magistrate is not required to issue notice to the accused at the pre-cognizance stage in a complaint under Section 138 of the Negotiable Instruments (NI) Act. The Court clarified that issuing such notice by invoking the first proviso to Section 223(1) of...

    Bhavya Singh

    Bhavya Singh

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