Pre-summoning inquiry and prima facie satisfaction are mandatory before issuing process in cheque dishonour complaints.

A Magistrate issuing process on a complaint must form a prima facie view from the complaint, initial deposition and supporting materials, and the exercise cannot be mechanical. In prosecutions under sections 138 and 141 of the Negotiable Instruments Act, the complaint must also lay the basic foundation for vicarious liability, particularly where the accused's role, resignation and timing of the alleged cause of action are in dispute. The article states that the summoning order was unsustainable because the record did not show a meaningful pre-summoning inquiry or reasoned satisfaction, and that the matter was remitted for fresh consideration in accordance with law.

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Issues: Whether the order issuing process against the petitioner for offences under sections 138 and 141 of the Negotiable Instruments Act was sustainable when the complaint and initial deposition were said to lack sufficient particulars, and whether the Magistrate had conducted the requisite inquiry and applied judicial mind before issuing summons.

Analysis: For issuing process on a complaint, the Magistrate must form a prima facie view on the basis of the complaint, the initial deposition and the supporting materials, and the exercise cannot be mechanical. Section 200 of the Code of Criminal Procedure and Rule 89(3) of the Calcutta High Court Criminal (Subordinate Courts) Rules, 1985 contemplate a meaningful examination of the complainant and witnesses to ascertain whether sufficient grounds exist for proceeding. In prosecutions involving company liability under section 141 of the Negotiable Instruments Act, the complaint must disclose the basic foundation for vicarious liability. The record showed disputed questions regarding the petitioner's role, his resignation, the timing of the alleged cause of action, and whether adequate particulars existed to justify process. The impugned summoning order did not reflect a proper inquiry into these aspects or a reasoned prima facie satisfaction.

Conclusion: The order issuing process against the petitioner was unsustainable and was set aside.

Final Conclusion: The matter was sent back to the trial court for fresh inquiry and reconsideration of whether process should issue against the petitioner in accordance with law.

Ratio Decidendi: Before issuing process in a complaint case, the Magistrate must conduct a meaningful pre-summoning inquiry and record a prima facie satisfaction that the complaint discloses grounds to proceed, especially where vicarious liability of a company director is alleged.

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