Source: Supreme Court 

Why in News? 

A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan held that setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law.  

• The Supreme Court held this in the case of Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. (2025) 

What was the Background of Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd. (2025) Case?   

• The case involves a dispute between an appellant and a Credit Co-Operative Society regarding two cheques issued for loan repayments. 
• The first loan was for Rs. 3,50,000/- obtained on 3rd July 2006, for which two security cheques were issued. 
• The first cheque was deposited and led to a criminal case in 2007, which was subsequently withdrawn after the appellant paid the cheque amount on 23rd September 2016. 
• A second loan of Rs. 11,97,000/- was allegedly granted to the appellant on 25th July 2008. 
• The respondent issued a legal notice dated 11th November 2016 regarding the dishonoured cheque. 
• The appellant, through her advocate, disputed the claim and requested loan documents to prepare a response. 
• The respondent filed a criminal complaint under Section 138 of the Negotiable Instruments Act on 15th December 2016. 
• The Judicial Magistrate First Class (JMFC) issued process on 2nd March 2017. 
• The Appellant filed a Criminal Writ Petition challenging the process, which was dismissed by the Bombay High Court on 18th December 2023. 
• The High Court found no issues with the JMFC's order and held that the appellant's contentions could be addressed during the trial. 

What were the Court’s Observations? 

• The Court laid down that if the Magistrate is satisfied that there is sufficient ground to proceed against the accused, then the learned Magistrate has to issue a process in terms of sub-Section (1) of Section 204 of the CrPC. 
  • The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 227. 
• The Court observed that in the present facts there was suppression of material facts by the party. 
• The material documents in the form of two letters addressed by the appellant were suppressed in the complaint and the statement on oath under Section 200. 
• In the statement on oath, the respondent-complainant vaguely referred to a ‘false notice reply’, but a copy of the reply was not produced by the respondent along with the complaint. 
• The Court held that setting the criminal law in motion by suppressing the material facts and documents is nothing but an abuse of process of law.  
• The Supreme Court hence quashed and set aside the complaint.

What is Section 227 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)? 

• Section 227 of BNSS is the same as Section 204 of Criminal Procedure Code, 1973 (CrPC). 
• Section 227 (1) of BNSS provides: 
  • If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be: 
    • a summons-case, he shall issue summons to the accused for his attendance; or 
    • a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction: 
  • The new proviso added in BNSS states that the summons or warrants may also be issued through electronic means. 
• Section 227 (2) of BNSS provides that no summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. 
• Section 227 (3) of BNSS provides that in a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. 
• Section 227 (4) of BNSS provides that when by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. 
• Section 227 (5) of BNSS provides that nothing in this section shall be deemed to affect the provisions of section 90.