https://www.taxtmi.com/caselaws?id=461081 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. en-us Thu, 01 Sep 2016 00:00:00 +0530 Wed, 05 Nov 2025 11:54:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=461081 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. Case-Laws Indian Laws Thu, 01 Sep 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=461081