The Bombay High Court has quashed a magistrate's order that had issued notice to HDFC Bank Managing Director and CEO Sashidhar Jagdishan in connection to a defamation complaint filed by the trustee of Lilavati Kirtilal Mehta Medical Trust.
Justice SM Modak, in an oral order delivered on Aug. 5, held that the magistrate had erred in issuing notice to the accused without first recording the verification of the complainant and any witnesses.
The complaint was filed under provisions of the Bharatiya Nyay Sanhita, 2023, and had led to the magistrate issuing notice to Jagdishan and others on June 16, 2025. Challenging this order, senior advocate Ravi Kadam, appearing for the HDFC Bank chief, argued that the magistrate had bypassed the mandatory step of examining the complainant before proceeding further.
The court agreed, observing that “giving of an opportunity of hearing is not an empty formality” and that the law clearly mandates verification of the complaint and witness statements before cognisance can be taken or notice issued.
Senior advocate Aabad Ponda, representing the complainant, contended that the magistrate was justified in issuing notice before cognisance was taken. However, the bench noted that judicial precedents across high courts were consistent in holding that verification must come first.
While setting aside the magistrate's order, Justice Modak clarified that the trial court is free to proceed with the case, but only after recording verification as per Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court also said the accused will retain the right to challenge any subsequent order and will be given a hearing at the appropriate stage.
The high court, however, refrained from commenting on the merits of the allegations made in the complaint against Jagdishan and others.
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