https://www.taxtmi.com/caselaws?id=304962 Complaints under Section 138 of the Negotiable Instruments Act cannot be dismissed solely for omissions in the sworn statement when the complaints themselves contain the material particulars. The sworn statement at the pre-process stage must be read with the complaint as part of the record, and the Magistrate must assess both together to decide whether a prima facie case exists and process should issue. By relying only on the sworn statement and ignoring the complaint averments on the loan transaction, cheques, presentation, and statutory notice, the Magistrate applied the wrong procedure. The dismissal was held erroneous and unsustainable, and the complaints were directed to be taken on file and proceed according to law. en-us Wed, 20 Jun 2007 00:00:00 +0530 Tue, 08 Nov 2022 18:09:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304962 Complaints under Section 138 of the Negotiable Instruments Act cannot be dismissed solely for omissions in the sworn statement when the complaints themselves contain the material particulars. The sworn statement at the pre-process stage must be read with the complaint as part of the record, and the Magistrate must assess both together to decide whether a prima facie case exists and process should issue. By relying only on the sworn statement and ignoring the complaint averments on the loan transaction, cheques, presentation, and statutory notice, the Magistrate applied the wrong procedure. The dismissal was held erroneous and unsustainable, and the complaints were directed to be taken on file and proceed according to law. Case-Laws Indian Laws Wed, 20 Jun 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304962