Criminal Case No.62851/2014 on 15.11.2014
and the Magistrate ordered issuance of summons against the
accused arraigned thereon including the respondent-Afroz
Hasanfatta ... second supplementary charge sheet
No.62851/2014 dated 15.11.2014 and directing issuance of
summons to the respondent-accused under Sections
said suit has been dismissed as not
maintainable even before the issuance of summons to the
defendants. Therefore, the application was filed seeking a
clarification ... suit could be disposed
of in accordance with law after issuance of summons to the
respondent / defendants.
15. Having heard learned counsel for the respective
BEHALF OF THE PETITIONER ......................... 5
D. ANALYSIS ..................................................................................... 9
I. Whether issuance of summons can be regarded as “initiation of
proceedings” within the meaning of Section ... issuance of a notice under the provisions of the
CGST/SGST Acts and the initiation of an enquiry or
the issuance of summons under Section
JMFC Court Gokak and quash the order of taking
cognisance and issuance of summons dated 26.06.2020 in
C.C.No.1065/2020 for offences under ... offence without
issuance of notice to the complainant?
(viii)What is the procedure to be followed
by the Magistrate before issuance of
summons
appear that (a) the persons issuing
the summons has been directed to issue the summons and the
summons is not issued because the said person ... issuing summons must
be conducting inquiry. From a bare perusal of the summons it
would unequivocally appear that, the entire process involved in
issuance
sufficient for the purpose of
taking cognizance, as also for issuance of
summons. The order dated 8.6.2020 satisfies
both the requirements and therefore ... 4676 of 2020
55 & Crl.P. No.4712 of 2020
Issuance summons to accused through
does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate ... does not mandate the Magistrate to explicitly state the reasons for issuance of summons. It clearly states that if in the opinion of a Magistrate
Kotak Mahindra Bank ("the Bank", hereinafter) vehemently opposed
the issuance of summons in this suit and submitted that, even without
any pleadings being ... base his oral
prayer for dismissal of the suit without issuance of summons, Mr.
Gupta has placed on record written submissions, along with copies
followed the proper
procedure. Therefore, the order of taking cognizance and
issuance of summons by the trial court is just and proper.
The contention ... order of
taking cognizance of the second supplementary
charge-sheet and issuance of summons to the
respondent Afroz Hasanfatta reads as under:-
"I take
issue summon for
his appearance. Further more, as per section 204(1) (a) a Magistrate
shall necessarily issue summon in a Summons case.
Elaborating ... that the issuance of warrant
in a warrant case is a rule and issuance of summons is an exception.
Further more, section 205 empowers
