Special cheque-dishonour procedure prevails over general pre-cognizance hearing requirements, excluding an accused's hearing before cognizance in Section 138 complaints.

Cheque-dishonour complaints under Section 138 of the Negotiable Instruments Act, 1881 are governed by a distinct special procedure, including written complaints, summary trial, expeditious disposal, summons service and affidavit evidence. Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves the operation of special laws unless a contrary provision applies. Accordingly, the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, requiring a pre-cognizance hearing, does not apply to Section 138 proceedings. An accused is therefore not entitled to a hearing before cognizance is taken in a cheque-dishonour complaint.

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Issues: Whether an accused must be given an opportunity of hearing under the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before cognizance is taken of a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881.

Analysis: The Negotiable Instruments Act, 1881 prescribes a distinct and special regime for cheque-dishonour complaints, including written-complaint requirements, summary trial, expeditious disposal, service of summons and affidavit evidence. Section 5 of the Bharatiya Nagarik Suraksha Sanhita, 2023 preserves special laws unless a contrary provision is made. The pre-cognizance hearing requirement in the first proviso to Section 223(1) of that Code is therefore inapplicable to proceedings under Section 138, which are governed by the special procedure under the Negotiable Instruments Act, 1881.

Conclusion: An accused is not entitled to a pre-cognizance opportunity of hearing under the first proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a complaint under Section 138 of the Negotiable Instruments Act, 1881.

Ratio Decidendi: A special statutory procedure governing cheque-dishonour complaints prevails over the general pre-cognizance hearing requirement under the Bharatiya Nagarik Suraksha Sanhita, 2023.

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