https://www.taxtmi.com/caselaws?id=445569 In complaints under Section 138 of the Negotiable Instruments Act, 1881, where the accused resides beyond the Magistrate's territorial jurisdiction, the mandatory Section 202 CrPC inquiry can be satisfied on the basis of the complainant's affidavit and supporting documents, read with Section 145 of the NI Act, and need not require oral examination of witnesses if the Magistrate is otherwise satisfied that sufficient grounds exist to proceed. At the summoning stage, the Magistrate is not required to construe the underlying share sale and purchase agreement or finally determine whether a legally enforceable debt exists, because that issue falls within the defence and trial. The decision confirms that only prima facie ingredients of the offence need be assessed before issuing process. en-us Fri, 10 Nov 2023 00:00:00 +0530 Sat, 11 Nov 2023 12:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=445569 In complaints under Section 138 of the Negotiable Instruments Act, 1881, where the accused resides beyond the Magistrate's territorial jurisdiction, the mandatory Section 202 CrPC inquiry can be satisfied on the basis of the complainant's affidavit and supporting documents, read with Section 145 of the NI Act, and need not require oral examination of witnesses if the Magistrate is otherwise satisfied that sufficient grounds exist to proceed. At the summoning stage, the Magistrate is not required to construe the underlying share sale and purchase agreement or finally determine whether a legally enforceable debt exists, because that issue falls within the defence and trial. The decision confirms that only prima facie ingredients of the offence need be assessed before issuing process. Case-Laws Indian Laws Fri, 10 Nov 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=445569