Prima facie case at summoning stage sustained process for cheating and criminal conspiracy; trial-level guilt assessment was unwarranted.

At the summoning stage, the court examines only whether the complaint and pre-summoning evidence disclose a prima facie case, not whether guilt is proved after a trial. On the facts, the complainant was shown an unclear copy of a divorce decree and was induced to believe that the first marriage had already ended; the surrounding circumstances supported an allegation of dishonest inducement and criminal conspiracy. The Supreme Court held that setting aside the Magistrate's process on a trial-like assessment was legally unsustainable, and restored the summoning order for cheating and criminal conspiracy so the trial court could decide the matter on its merits.

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Issues: Whether a prima facie case existed to sustain the summoning order for the offence of cheating and criminal conspiracy, and whether the High Court and Sessions Court were justified in setting aside the Magistrate's order.

Analysis: At the stage of summoning, the Court was required to examine only whether the complaint and pre-summoning evidence disclosed a prima facie case, not to conduct a trial-like appraisal of guilt or innocence. The material showed that the complainant was shown an unclear copy of a divorce decree and was led to believe that the first marriage had already been dissolved, while the subsequent events and surrounding circumstances supported the allegation of dishonest inducement. On that basis, the setting aside of process under the cheating and conspiracy provisions was held to be legally unsustainable.

Conclusion: The challenge to the summoning order succeeded, and process against the respondents for cheating and criminal conspiracy was restored.

Final Conclusion: The impugned orders of the High Court and Sessions Court were set aside and the Magistrate's summoning order was restored, leaving the trial court to decide the case on its own merits.

Ratio Decidendi: At the summoning stage, criminal process may be sustained if the complaint and pre-summoning evidence disclose a prima facie case of dishonest inducement and conspiracy, without requiring a trial-level determination of the accused's guilt.

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