2011 ACD 1075 (RAJ) ::(2011) 3 WLC (RAJ) 647 ::(2011) 2 CriLR(Raj) 911 ::(2012) 1 CivLJ 145 ::(2011) 4 CivilCourtC 94 ::(2011) 4 RecCivR 746 ::(2011) 4 RecCriR 650 ::(2012) 1 CurCC 498 ::(2011) 4 CurCC 106 ::(2012) 2 BankCas 384 ::(2011) 4 Crimes 252 ::(2011) 4 Crimes 151 ::(2011) 2 NIJ 116 ::(2011) 3 Raj LW 2237 ::(2011) 105 AllIndCas 358 (RAJ) ::2011 (74) ACC (SOC) 85 (RAJ)

Rajasthan High Court

Hon'ble Judge(s): Vineet Kothari , J

( A ) Negotiable Instruments Act (26 of 1881) S. 138 , 145 (2) — Criminal P. C. (2 of 1974), S. 200 — Dishonour of cheque — Trial — S. 145 (1) of N.I. Act permits evidence of complainant to be given in form of affidavit — Examination of complainant on oath as per S. 200 of Cr. P. C. cannot be insisted upon over and above provisions of S. 145 (1) — It cannot be said that cognizance cannot be taken by Magistrate against accused on basis of such complaint and affidavit.Since Section 143 of the Negotiable Instruments Act provides for summary trial of complaint cases under Sections l38 and 143 of the Act, it cannot be contended that examination of complainant as per provisions of Section 200 Cr. P. C. would still be required even if the complainant has filed affidavit in support of his complaint at pre-summoning stage and it cannot equally be contended that the cognizance taken by the Magistrate against the accused on the basis of such complaint and affidavit would be unsustainable in view of non-compliance with the provisions of Section 200 Cr. P. C. Section 145 (1) of the Negotiable Instruments Act clearly permits the evidence of the complainant to be given in the form of affidavit. The compliance to that extent of examination-in-chief in the form of affidavit is deemed to have been made in the provision of Section 145 (1) of the Act and examination of the complainant on oath as per Section 200 Cr. P. C. cannot be insisted upon o....