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No Bar on Magistrates from Following Pre-Cognisance Notice Requirements Under Section 223 of BNSS in S.142 NI Act Cases: Jammu & Kashmir High Court

08 May 2025 3 min read
No Bar on Magistrates from Following Pre-Cognisance Notice Requirements Under Section 223 of BNSS in S.142 NI Act Cases: Jammu & Kashmir High Court

Magistrates can issue pre-cognizance notices under Section 223, Bharatiya Nagrik Suraksha Sanhita, in cheque bounce cases despite the special provisions of Section 142, Negotiable Instruments Act, 1881, as per a landmark ruling by the Jammu and Kashmir and Ladakh High Court in Mohd Afzal Beigh VERSUS Noor Hussain . Clarification on Pre-Cognizance Procedure in Cheque Bounce Cases In a significant decision, Justice Mohammad Yousuf Wani of the Jammu and Kashmir…

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