Provisio of 223 of BNSS is Mandatory

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 223 and Negotiable Instruments Act, 1881 Section 138 - Complaint under Section 138 of NI Act - Requirement under first proviso to Section 223 BNSS, 2023 - Held, Magistrate must issue notice to the accused and provide an opportunity of being heard before taking cognizance of the complaint - Complaint and summoning order set aside for non-compliance with mandatory procedural requirements. (Allahabad High Court)