Cheque dishonour procedure prevails over general pre-summoning inquiry, with affidavit evidence sufficient before issuing process.

In prosecutions under section 138 of the Negotiable Instruments Act, the special procedure introduced by the 2002 amendments prevails over the general pre-summoning inquiry contemplated by section 202 of the Code of Criminal Procedure. Section 145 permits affidavit evidence at the pre-summoning stage, and read with sections 143 to 147, it displaces the need for the complainant's preliminary oral examination and any further inquiry solely because the accused resides outside jurisdiction. The later amendment to section 202 does not override this special scheme, as section 145 operates with a non-obstante effect. Consequently, further inquiry under section 202 was held unnecessary and the challenge to issuance of process failed.

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Issues: Whether, in a prosecution under section 138 of the Negotiable Instruments Act, 1881, the Magistrate was required to conduct further inquiry under section 202 of the Code of Criminal Procedure, 1973 before issuing process to accused persons residing outside jurisdiction, despite the special procedure introduced by the amendments to the Negotiable Instruments Act, 1881.

Analysis: The special procedure introduced by the 2002 amendments to the Negotiable Instruments Act, 1881 was intended to secure swift disposal of cheque dishonour cases. Section 145 permits the complainant to give evidence by affidavit and, read with the scheme of sections 143 to 147, dispenses with the preliminary deposition contemplated under sections 200 and 202 of the Code of Criminal Procedure, 1973. The later amendment to section 202 does not displace this special procedure, since section 145 operates with a non-obstante clause and prevails to the extent of inconsistency. The question had already been settled by precedent recognising affidavit evidence at the pre-summoning stage and holding that the complainant need not be examined twice.

Conclusion: Further inquiry under section 202 of the Code of Criminal Procedure, 1973 was not required, and the objection to issuance of process was rejected.

Final Conclusion: The proceeding under section 138 of the Negotiable Instruments Act, 1881 was allowed to continue under the special statutory procedure, and the challenge to the summons stage failed.

Ratio Decidendi: In a prosecution under section 138 of the Negotiable Instruments Act, 1881, the special procedure under section 145 prevails over the general requirement of further inquiry under section 202 of the Code of Criminal Procedure, 1973, and affidavit evidence is sufficient at the pre-summoning stage.

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