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Accused Need Not Be Heard While Taking Cognisance U/S 223 Of BNSS In NI Act Complaints: Karnataka High Court

12 May 2025 3 min read
Accused Need Not Be Heard While Taking Cognisance U/S 223 Of BNSS In NI Act Complaints: Karnataka High Court

In a significant ruling, the Karnataka High Court has clarified that the procedure of hearing the accused before cognizance, as prescribed under the first proviso to Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), does not apply to cases filed under Section 138 of the Negotiable Instruments Act, 1881. The decision was delivered by Justice Shivashankar Amarannavar while dismissing a petition challenging the cognizance taken without giving the…

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