Supreme Court Emphasizes Magistrates' Duty to Verify Complaints Before Issuing Summons
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...