https://www.taxtmi.com/caselaws?id=401615 An application under Section 145(2) of the Negotiable Instruments Act is mandatory in nature once made by the accused or prosecution, and the Magistrate has no discretion to refuse summoning and examining the affidavit deponent on the facts stated. However, it must be considered only at the proper trial stage, after commencement of trial and after the complainant has been given an opportunity to lead further evidence, if any. Entertaining it earlier is procedurally incorrect. The impugned order was therefore unsustainable and the matter had to be reconsidered afresh in accordance with the correct sequence of trial. en-us Tue, 08 Dec 2020 00:00:00 +0530 Sat, 12 Dec 2020 07:24:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=401615 An application under Section 145(2) of the Negotiable Instruments Act is mandatory in nature once made by the accused or prosecution, and the Magistrate has no discretion to refuse summoning and examining the affidavit deponent on the facts stated. However, it must be considered only at the proper trial stage, after commencement of trial and after the complainant has been given an opportunity to lead further evidence, if any. Entertaining it earlier is procedurally incorrect. The impugned order was therefore unsustainable and the matter had to be reconsidered afresh in accordance with the correct sequence of trial. Case-Laws Indian Laws Tue, 08 Dec 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=401615