Opportunity to Lead Pre-Summoning Evidence Must Be Given Even in Criminal Cases Appearing ‘Civil’: Delhi High Court

The Delhi High Court ruled that even if a Magistrate refuses to direct registration of an FIR under Section 156(3) Of The Code Of Criminal Procedure, the complainant should normally be given an opportunity to lead pre-summoning evidence before the complaint is dismissed on the ground that the dispute is purely civil in nature. Court’s Important Observation Justice Manoj Jain observed that the difference between a civil dispute and a…