Court exercises inherent powers to prevent abuse of process due to procedural irregularities in summoning an accused residing outside jurisdiction.
In a significant judgment, the Uttarakhand High Court has quashed a summoning order issued against Bhim Singh in a case under Section 138 of the Negotiable Instruments Act, citing non-compliance with mandatory provisions under Section 202 of the Criminal Procedure Code (Cr.P.C.). The order was passed by Justice Ashish Naithani on February 27, 2026, in a Criminal Miscellaneous Application filed by Bhim Singh against the summoning order dated July 29, 2022, issued by the Additional Chief Judicial Magistrate, Khatima, District Udham Singh Nagar.
The case originated from a complaint filed by Bhawan Dutt Bhatt, alleging that Bhim Singh had issued two cheques of Rs. 10 lakhs each, which were dishonoured due to insufficient funds. The complaint was filed after the statutory notice was served and payment was not made. However, it was undisputed that Bhim Singh resided in District Nainital, whereas the complaint was filed in Khatima, District Udham Singh Nagar.
The crux of the High Court's decision hinged on the procedural lapses in the summoning process. Section 202 Cr.P.C. mandates that when the accused resides outside the territorial jurisdiction of the court, the Magistrate must conduct an enquiry or direct an investigation before issuing a summoning order. The court found that no such enquiry or investigation was conducted, rendering the summoning order illegal and unsustainable.
Justice Naithani emphasized that the requirement under Section 202 is a substantive safeguard designed to prevent the mechanical issuance of summons against individuals residing outside the court's jurisdiction. The absence of any enquiry or investigation, or the application of judicial mind to these requirements, was deemed a fundamental legal infirmity that warranted the exercise of the court's inherent powers under Section 482 Cr.P.C. to prevent abuse of the process of the court.
The judgment highlights the importance of adhering to procedural safeguards to ensure that legal processes are not misused. The court clarified that while the formal ingredients of the offence under Section 138 of the Negotiable Instruments Act were present, the procedural and jurisdictional defects in the summoning process necessitated intervention.
The court's decision to quash the summoning order underscores the judiciary's role in upholding legal procedures and preventing the misuse of legal processes. The order does not preclude the respondent, Bhawan Dutt Bhatt, from pursuing the case afresh, provided that the legal requirements under Section 202 Cr.P.C. are duly complied with.
Bottom Line:
Quashing of summoning order under Section 482 Cr.P.C. due to non-compliance of mandatory provisions under Section 202 Cr.P.C. - Magistrate must conduct enquiry or direct investigation before issuing process against an accused residing outside territorial jurisdiction.
Statutory provision(s):
Section 202 Cr.P.C., Section 482 Cr.P.C., Section 138 of the Negotiable Instruments Act
Bhim Singh v. Bhawan Dutt Bhatt, (Uttarakhand) : Law Finder Doc id # 2859907
