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A Chandigarh court has directed that notices be issued to the accused persons in a complaint filed against a jewellery firm before taking cognisance of the matter, citing recent Supreme Court and Punjab and Haryana High Court rulings that mandate an opportunity of hearing for the accused at the pre-cognisance stage.
The order was passed by Judicial Magistrate First Class Ambika Sharma while hearing Complaint No. COMI/9/2023. The matter was listed for hearing the remaining arguments on the issue of summoning the accused. During the proceedings, the court took note of the Supreme Court judgment in Parvinder Singh vs Directorate of Enforcement (2026 INSC 519), which held that under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a magistrate cannot take cognisance of an offence without first giving the accused an opportunity to be heard. The court also relied on the Punjab and Haryana High Court judgment in Sikander Singh vs Directorate of Enforcement, Gurugram (CRM-M-29954-2025), which held that the procedural safeguard under Section 223 of the BNSS applies even to complaints filed before the enforcement of the BNSS, provided cognisance is taken after the new law came into force. Referring to the proviso to Section 223 of the BNSS, which requires a magistrate to hear the accused before taking cognisance of a complaint, the court observed that the provision is rooted in the principles of natural justice and fair trial. In view of the judicial pronouncements, the court held it appropriate to issue notices to the accused at the pre-cognisance stage. The complainant has been directed to file the requisite registered covers and acknowledgement due (RC/AD) for service of notices. The matter has been adjourned to October 5, 2026, for further proceedings after service of notices on the accused. (ANI)
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