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Issues: Whether the complainant in a prosecution under Section 138 of the Negotiable Instruments Act could be examined on commission at her residence on medical grounds, and whether an Advocate could be appointed as Commissioner for recording such evidence.
Analysis: The complainant had shown bona fide medical inability to attend court, and Section 284 of the Code of Criminal Procedure, 1973 permits dispensing with the attendance of a witness and issuing a commission where examination is necessary for the ends of justice and personal attendance would cause unreasonable inconvenience. The Court also noted that the complainant had come forward to give evidence by filing proof affidavit. However, under Sections 285 and 286 of the Code of Criminal Procedure, 1973, the commission has to be issued to the prescribed judicial authority and the evidence is to be taken down by a Metropolitan or Judicial Magistrate, not by an Advocate Commissioner.
Conclusion: The complainant was entitled to be examined on commission, but not through an Advocate Commissioner; the Magistrate was directed to record the evidence at the complainant's residence, and the revisional order setting aside the Magistrate's order was reversed.
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