The Bombay High Court has set aside a magistrate’s order that issued notice to HDFC Bank Managing Director and CEO Sashidhar Jagdishan in a defamation complaint filed by the trustee of Lilavati Kirtilal Mehta Medical Trust. Justice S.M. Modak, in an oral order delivered on August 5, held that the magistrate erred by issuing the notice without first recording verification of the complainant and any witnesses.

The defamation complaint, filed under provisions of the Bharatiya Nyay Sanhita, 2023, had resulted in the magistrate issuing notice to Jagdishan and others on June 16, 2025. Senior advocate Ravi Kadam, appearing for the HDFC Bank chief, argued that the mandatory step of examining the complainant before proceeding had been skipped.

Agreeing with this contention, the court observed that “giving an opportunity of hearing is not an empty formality” and stressed that the law clearly mandates verification of the complaint and witness statements before cognisance is taken or notice issued.

On the other hand, senior advocate Aabad Ponda, representing the complainant, argued that the magistrate was justified in issuing notice before cognisance. However, the High Court noted that judicial precedents across various courts have consistently held that verification must come first.

While quashing the magistrate’s order, Justice Modak clarified that the trial court can continue with the proceedings only after completing verification under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court also stated that the accused would retain the right to challenge any subsequent order and be given an opportunity to be heard. The High Court, however, refrained from commenting on the merits of the allegations in the complaint.