The Bombay High Court has set aside a magistrate’s order issuing notice to HDFC Bank managing director and CEO Sashidhar Jagdishan in a defamation case filed by a trustee of the Lilavati Kirtilal Mehta Medical Trust.
Justice S M Modak, in an order dated August 5, held that the Girgaon magistrate acted prematurely in summoning Jagdishan.
The court observed that as per procedure, the magistrate must first record verification of the complainant and witnesses before deciding whether to proceed.
“There is a purpose of recording verification. It enables the magistrate to decide whether the case merits further action. Until then, the stage of hearing the accused does not arise,” the judge said.
The notice was issued on a complaint by trustee Prashant Mehta, who had alleged defamation under the Bharatiya Nyaya Sanhita.
The HC clarified that the magistrate is free to continue with the case after proper verification.
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