Section 202 inquiry not mandatory in every cheque dishonour complaint; Magistrate may proceed on affidavit and supporting documents.

In complaints under Section 138 of the Negotiable Instruments Act, 1881, the complainant's evidence may be filed by affidavit under Section 145, and the Magistrate may assess the complaint and supporting documents to decide whether sufficient grounds exist to proceed. On that statutory scheme, pre-summoning examination of witnesses on oath is not compulsory, and an inquiry under Section 202(2) of the Code of Criminal Procedure, 1973 is not a mandatory pre-condition in every such complaint. The legal position is that the Magistrate retains discretion to proceed on the material placed with the complaint without insisting on a Section 202(2) inquiry in each case.

---

---

Issues: Whether a Magistrate is mandatorily required to hold an inquiry under Section 202(2) of the Code of Criminal Procedure, 1973 before issuing summons in a complaint under Section 138 of the Negotiable Instruments Act, 1881.

Analysis: In complaints under Section 138 of the Negotiable Instruments Act, 1881, the evidence of the complainant may be given on affidavit under Section 145 of that Act. In view of the statutory scheme and the binding precedent relied upon, insistence on examination of witnesses on oath at the pre-summoning stage is not compulsory. The Magistrate may examine the complaint and accompanying documents to satisfy himself that there are sufficient grounds for proceeding, and an inquiry under Section 202(2) of the Code of Criminal Procedure, 1973 is not mandatory in every such case.

Conclusion: The requirement of an inquiry under Section 202(2) of the Code of Criminal Procedure, 1973 was held to be inapplicable as a mandatory pre-condition in the context of the complaint under Section 138 of the Negotiable Instruments Act, 1881.

---