https://www.taxtmi.com/caselaws?id=416237 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. en-us Mon, 06 Dec 2021 00:00:00 +0530 Fri, 24 Dec 2021 08:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416237 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. Case-Laws Indian Laws Mon, 06 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416237