https://www.taxtmi.com/caselaws?id=770657 J&K and Ladakh HC held that pre-cognizance notice under Section 223 BNSS is applicable to complaints under Section 138 of Negotiable Instruments Act, despite the non-obstante clause in Section 142. The Court set aside a non-bailable warrant issued at pre-cognizance stage, ruling that magistrates should first issue summons, then bailable warrants, with non-bailable warrants as last resort. The accused's non-appearance at pre-cognizance hearing constitutes forfeiture of that right, allowing proceedings to continue. The Court directed expeditious disposal of cheque bounce cases through ADR mechanisms while maintaining procedural safeguards for accused persons. en-us Fri, 02 May 2025 00:00:00 +0530 Thu, 15 May 2025 07:32:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770657 J&K and Ladakh HC held that pre-cognizance notice under Section 223 BNSS is applicable to complaints under Section 138 of Negotiable Instruments Act, despite the non-obstante clause in Section 142. The Court set aside a non-bailable warrant issued at pre-cognizance stage, ruling that magistrates should first issue summons, then bailable warrants, with non-bailable warrants as last resort. The accused's non-appearance at pre-cognizance hearing constitutes forfeiture of that right, allowing proceedings to continue. The Court directed expeditious disposal of cheque bounce cases through ADR mechanisms while maintaining procedural safeguards for accused persons. Case-Laws Indian Laws Fri, 02 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770657