Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors.
Supreme Court of India(1998) 5 SCC 749The Court held that when a complaint is filed under S.138, the Magistrate must apply his mind to the complaint and the documents annexed before issuing process. The examination of the complainant under S.200 CrPC (pre-summoning evidence) must reflect genuine judicial consideration. The High Court has inherent jurisdiction under S.482 CrPC to quash such proceedings where the complaint on its face discloses no offence — for instance, where the mandatory preconditions (demand notice, 15-day period, limitation) are not met on the face of the record. Mechanical issuance of process without application of mind is an error correctable by the High Court.