Summary
At the summoning stage, the complaint and preliminary evidence need only disclose a prima facie case, rather than establish guilt after trial. Disclosure of an earlier marriage did not answer the subsequent allegation that a false divorce decree induced marriage and payment of expenses. The Court restored the Magistrate’s process for cheating and conspiracy against the three respondents, setting aside the revisional and High Court orders while leaving final merits to trial.
Issues
- Whether disclosure of an earlier marriage defeated a prima facie cheating case despite alleged later false representations of divorce.
- Whether the revisional court applied an impermissibly final merits standard at the summoning stage.
Provisions considered
- Sections 420 and 120-B, Indian Penal Code, 1860The complaint and pre-summoning evidence of alleged misrepresentation of divorce, induced marriage and expenditure disclosed a prima facie basis to issue process against the three respondents. (¶¶ 10, 12.1, 14, 15, 16)
Held
- Summoning requires a prima facie case on the complaint and pre-summoning evidence. The revisional court erred by approaching the matter as though it had to record conviction or acquittal after a completed trial. (¶ 12.1)
- The earlier disclosure that divorce was under consideration did not dispose of the alleged later representations that divorce had already been granted, the unclear purported decree, or the expenditure and cash payment induced before marriage. Those allegations and supporting preliminary evidence required consideration together. (¶¶ 10, 11, 12, 12.1, 15)
- Setting aside cheating/conspiracy process against the three respondents was legally unsustainable; the High Court had also rejected the challenge without reasons. The Magistrate’s order was restored. The observations were expressly preliminary, and the trial court must decide independently on evidence led by the parties. (¶¶ 13, 14, 15, 16)
Result
Appeal allowed; High Court and Sessions Court orders set aside and Magistrate’s summoning order restored. Final merits expressly left for trial.