Summons-case notice defect does not vitiate proceedings absent prejudice, where the accusation was otherwise clearly conveyed.

In a summons-case under the Negotiable Instruments Act, the absence of a formal notice under Section 251 CrPC does not by itself vitiate the proceedings. The legally relevant requirement is that the substance of the accusation is conveyed to the accused and an opportunity is given to plead guilty or state a defence. Where the accused has received the documents, understood the allegation, and shows no real prejudice or failure of justice, the proceedings remain valid. A belated objection after substantial trial progress will not justify a fresh trial, and the challenge was rejected.

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Issues: Whether non-framing of a formal notice under Section 251 of the Code of Criminal Procedure, 1973 in a summons-case under Section 138 of the Negotiable Instruments Act, 1881 vitiates the proceedings and warrants a fresh trial.

Analysis: In a summons-case, the legal requirement is that the substance of the accusation must be stated to the accused and he must be asked whether he pleads guilty or has any defence to make. A formal charge is not required. The proceedings are not rendered invalid merely because a formal notice is not framed, unless the omission has caused prejudice or a failure of justice. The record showed that the accused had been supplied with documents and was aware of the accusation, and no specific prejudice from the alleged omission was demonstrated. The challenge was also raised belatedly when the trial had substantially progressed.

Conclusion: The omission to frame a formal notice under Section 251 of the Code of Criminal Procedure, 1973 did not vitiate the proceedings and no fresh trial was warranted.

Final Conclusion: The petition was rejected as an attempt to stall the trial, and the impugned order was left undisturbed.

Ratio Decidendi: In a summons-case, absence of a formal notice or charge does not invalidate the proceedings unless the accused shows real prejudice or failure of justice, provided the substance of the accusation was communicated.

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