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  Supreme Court Emphasizes Magistrates' Duty to Verify Complaints Before Issuing Summons By Advocate Abhishek Jat The Supreme Court of India, in a significant ruling, has reiterated that magistrates must diligently ascertain the veracity of complaints before initiating criminal proceedings against an accused. The judgment, delivered by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, emphasized that the act of recording the complainant’s statement under Section 200 of the Code of Criminal Procedure (CrPC) or its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 227, is not a mere formality but a crucial step in determining the truthfulness of the allegations. Context of the Case The case arose from a complaint under Section 138 of the Negotiable Instruments Act (NI Act), pertaining to cheque dishonor. The complainant, a cooperative society, alleged that the appellant had defaulted on a loan repayment, leading to the dishonor...

  Supreme Court Upholds Costs for Vexatious Litigation: A Cautionary Tale for Misusing Judicial Process By Abhishek Jat, Advocate In a landmark ruling, the Supreme Court of India has reinforced the judiciary's stance against frivolous and vexatious litigation, emphasizing that courts are justified in imposing costs when parties attempt to misuse the judicial process. The case of  Leelawati (Dead) Thr. LRS. vs. State of U.P. & Ors.  serves as a stark reminder that the courts will not tolerate attempts to obtain orders through deceit or manipulation. Background of the Case The dispute originated from an eviction suit filed by the appellant, Leelawati, against her tenant on the grounds of  bona fide need . Initially, the prescribed authority under the Rent Act ruled in her favor. However, the tenant successfully appealed the decision, citing the appellant's failure to prove ownership of the property. Aggrieved by this reversal, Leelawati approached the Allaha...