In Sanjabij Tari v. Kishore S. Borcar & Anr., the Supreme Court clarified that an accused person does not have the right to be heard at the pre-cognizance stage in complaints filed for the dishonor of a cheque under Section 138 of the Negotiable Instruments (NI) Act.
The Court upheld the reasoning of the Karnataka High Court in Ashok v. Fayaz Ahmad, ruling that there is no requirement to issue a notice to the accused at the pre-cognizance stage under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for NI Act complaints.
The Supreme Court’s decision is rooted in the overwhelming “docket explosion” of Section 138 cases, particularly in metropolitan courts. The Court emphasized that systemic reforms are necessary to prevent further delays in these proceedings.
To ensure efficiency, the Court also issued a comprehensive set of guidelines for the speedy trial of cheque dishonor cases.
