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
Apex Court, while
dealing with a case of issuance of summons under Section 108 of
Customs Act, had expressed that except in exceptional cases, High ... Courts should not interfere at the stage of issuance of summons. The
relevant observations read as under:
Signature Not Verified W.P.(CRL) 947/2023
mentioning the reason and discussion on merits that led to the issuance of
summons.
6. It is further submitted that the 1st impugned order ... effect that as per the settled position of law, for
issuance of summons or for taking cognizance of the offence, the Court
Concerned is duty
case was heard by the learned Single Judge after issuance of summons.
The decision in the case of Camlin Private Limited (supra ... either Order VII Rule 10 or Order VII Rule 11 CPC , summons has to be
issued to the defendant.
RFA (OS)(COMM) 8/2016 Page
that this, four years after the order taking cognizance and issuance of summons against the accused placed in column number four. When the impugned order ... learned additional public prosecutor, the successor Metropolitan Magistrate directed the issuance of summons against the persons shown in column number two which included the present
soon as the accused being
summoned appears before the Magistrate. The post
summoning proceedings before the Magistrate commence
upon issuance of summons under Section ... ground for proceeding in a summons-
case, he shall issue summons for the attendance
of the accused. The issuance of summons for
attendance marks
behalf of the defendants have vehemently opposed the
present suit and issuance of summons in the present suit.
11. Mr. Sandeep Sethi, Sr. Advocate appearing ... that the present suit deserves to be dismissed
in limine without issuance of summons. It is submitted that the present
suit has been filed challenging
Thus, the proceedings against the petitioner under the present
ECIR, including issuance of summons, are liable to be quashed.
ARGUMENTS ADDRESSED ON BEHALF OF RESPONDENT ... event that prompts the petitioner to approach this Court is
the issuance of summons bearing number PMLA/SUMMON/DLZO/
2023/1542, dated 06.10.2023, under Section
Essential Ingredients to Constitute Offence of Defamation .................. 25
Issuance of Process/Summons vis-a-vis Offence of Defamation:
Material Considerations ............................................................................... 28
III. BALANCING CRITICAL ... vide order of
summoning dated 17.07.2019.
15. Being aggrieved by the issuance of summons and the
complaint filed by the respondent no. 2, the petitioner
facts of the case, as would be necessary prior to issuance of summons
to the accused persons.
3. Vidé order dated 12.07.2024 the State ... 5260/2024 Page 5 of 15
Date:26.02.2026 14:51
issuance of summons. Complainant is directed to file PF and
provide copies of the complaint
