https://www.taxtmi.com/caselaws?id=767170 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. en-us Fri, 14 Feb 2025 00:00:00 +0530 Wed, 12 Mar 2025 09:06:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=767170 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. Case-Laws Indian Laws Fri, 14 Feb 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=767170