Case Note & Summary
The petitioner, Sanjay Singh, filed a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the notice of accusation framed under Section 251 of the Code of Criminal Procedure, 1973, in Criminal Case No.29303 of 2023 pending before the 2nd Additional Chief Metropolitan Magistrate, Gheekanta, Ahmedabad, and the order dated 15.12.2025 passed by the Sessions Court at Ahmedabad in Criminal Revision No.150 of 2025, which affirmed the framing of notice. The complaint was filed by respondent no.2 under Section 138 of the Negotiable Instruments Act, 1881, alleging dishonour of a cheque. The petitioner contended that the complaint was not maintainable as the mandatory pre-litigation mediation under Section 148 of the NI Act was not complied with. The court examined the provisions of Section 148 of the NI Act, which was inserted by the Negotiable Instruments (Amendment) Act, 2018, and held that the procedure is mandatory. The court noted that the complainant did not attempt any mediation before filing the complaint. The court relied on the principle that where a statute provides a procedure, it must be strictly followed. The court quashed the notice of accusation and the revisional order, allowing the petition.
Headnote
A) Negotiable Instruments Act - Pre-litigation Mediation - Section 148 NI Act - Mandatory Compliance - The court held that Section 148 of the NI Act mandates that the complainant must first attempt pre-litigation mediation before filing a complaint under Section 138. Non-compliance renders the complaint not maintainable. The court quashed the notice of accusation and the revisional order affirming it. (Paras 1-30)
B) Criminal Procedure - Quashing of Proceedings - Article 226 of Constitution r/w Section 528 BNSS - The court exercised its inherent powers to quash the proceedings where the mandatory pre-litigation mediation was not undertaken, as continuing the trial would be an abuse of process of law. (Paras 1-30)
Issue of Consideration
Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable without compliance with the mandatory pre-litigation mediation procedure under Section 148 of the NI Act?
Final Decision
The court allowed the petition, quashed the notice of accusation framed under Section 251 CrPC in Criminal Case No.29303 of 2023, and set aside the order dated 15.12.2025 passed by the Sessions Court at Ahmedabad in Criminal Revision No.150 of 2025.
Law Points
- Pre-litigation mediation mandatory under Section 148 of NI Act before filing complaint under Section 138
- Non-compliance renders complaint not maintainable
- High Court can quash proceedings under Article 226 r/w Section 528 BNSS
Case Details
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 17135 of 2025
Mr. Bhavook Chauhan with Mr. Mohd. Irshad with Mr. Vishal J Dave for the Applicant(s) No. 1, Mr. Mitesh Amin, AAG with Mr. Hardik Dave, Public Prosecutor with Mr. Himanshu Patel, APP for the Respondent(s) No. 1, Mr. Nirupam D Nanavaty, Senior Counsel with Mr. Amit N Nair with Mr. Vinit A Nair for the Respondent no.2
Sanjay Singh S/o Sh. Dinesh Singh
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Nature of Litigation
Criminal quashing petition under Article 226 of the Constitution read with Section 528 of BNSS challenging notice of accusation under Section 138 NI Act.
Remedy Sought
Petitioner sought to quash the notice of accusation framed under Section 251 CrPC and the revisional order affirming it, and to call for records of the criminal case.
Filing Reason
Petitioner contended that the complaint under Section 138 NI Act was not maintainable as the mandatory pre-litigation mediation under Section 148 NI Act was not complied with.
Previous Decisions
The learned 2nd Additional Chief Metropolitan Magistrate framed notice of accusation under Section 251 CrPC in Criminal Case No.29303 of 2023. The Sessions Court at Ahmedabad dismissed Criminal Revision No.150 of 2025 on 15.12.2025, affirming the framing of notice.
Issues
Whether the complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable without compliance with the mandatory pre-litigation mediation procedure under Section 148 of the NI Act?
Submissions/Arguments
Petitioner argued that Section 148 of the NI Act mandates pre-litigation mediation before filing a complaint under Section 138, and non-compliance renders the complaint not maintainable.
Respondent no.2 argued that the mediation procedure is not mandatory and the complaint was maintainable.
Ratio Decidendi
Section 148 of the Negotiable Instruments Act, 1881, as amended, mandates that a complainant must first attempt pre-litigation mediation before filing a complaint under Section 138. Non-compliance with this mandatory procedure renders the complaint not maintainable, and the High Court can quash the proceedings under Article 226 of the Constitution read with Section 528 of BNSS to prevent abuse of process.
Judgment Excerpts
By filing present petition under Article 226 of the Constitution of India r/w. Section 528 of the Bharatiya Nagarik Suraksha Sanhita, the petitioner has prayed for the following reliefs:-
The court held that Section 148 of the NI Act mandates pre-litigation mediation before filing a complaint under Section 138.
Procedural History
The complaint under Section 138 NI Act was filed by respondent no.2 before the 2nd Additional Chief Metropolitan Magistrate, Gheekanta, Ahmedabad, resulting in Criminal Case No.29303 of 2023. The learned Magistrate framed notice of accusation under Section 251 CrPC. The petitioner filed Criminal Revision No.150 of 2025 before the Sessions Court at Ahmedabad, which was dismissed on 15.12.2025. The petitioner then filed the present Special Criminal Application under Article 226 r/w Section 528 BNSS before the High Court of Gujarat.
Acts & Sections
- Constitution of India: Article 226
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 528
- Negotiable Instruments Act, 1881: Section 138, Section 148
- Code of Criminal Procedure, 1973: Section 251
