Cheque bounce case – At the stage of summoning of an accused person, the trial Court/Magistrate must be satisfied on the basis of material produced before it that prima facie the accused persons have committed an offence.

(P&H HC) Decided on: 30.10.2018

Cheque bounce case -- Quashing of summoning order and complaint – Maintainability of petition u/s 482 Cr.P.C. -- Revisional Jurisdiction -- Alternative remedy available – Objection of -- Held, in exercise of revisional power, Court of Sessions or the High Court is not vested with the power of quashing a criminal complaint -- This power is available to the High Court alone under Section 482 Cr.P.C., whereunder the High Court, in exercise of its inherent powers, can pass orders to prevent abuse of process of any Court or to secure the ends of justice -- Thus, the prayer made in this petition could not have been granted by the revisional Court and, therefore, it cannot be said that the petitioner had an alternative remedy before the Court of Sessions in the first instance.

(P&H HC) Decided on: 30.10.2018

Cheque bounce case -- Offer to accused -- Payment of Cheque amount -- Once the Court issues summons and the presence of the accused is secured, an option be given to the accused whether, at that stage, he would be willing to pay the amount due along with reasonable interest and if the accused is not willing to pay, Court may fix up the case at an early date and ensure day-to-day trial.

(SC) Decided on: 21.04.2014