Notice Issued Before Taking Cognizance Set Aside in Cheque Dishonour Case: Gauhati High Court

The Gauhati High Court, through Justice Manish Choudhury, has set aside an order passed by a trial court which had directed issuance of notice to accused persons before taking cognizance in a cheque dishonour case. The High Court held that such a direction was legally unsustainable in light of a recent Supreme Court ruling clarifying the correct procedure under the Bharatiya Nagarik Suraksha Sanhita, 2023. Background of the Case The…