2022 (9) TMI 382

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.... 1) The petitioner has filed the instant petition under Section 482 of the Cr. P. C challenging four complaints filed by respondent against him alleging commission of offences under Section 138 of the Negotiable Instruments Act. These four complaints pertain to four different cheques. Three complaints are pending before the Court of Judicial Magistrate, 1st Class, Bandipora, whereas one of the ....

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....5) It has been next contended by learned counsel for the petitioner that the preliminary statements in all the four complaints have not been recorded on oath which is a requirement of law. 6) A perusal of the copies of the preliminary statements of the complainant, which have been annexed with the petition, clearly indicate that the same have been recorded on oath/solemn affirmation. The ground....

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.... of taking cognizance of the offences, the learned Magistrate is expected to base his order only on the averments made in the complaint and the documents annexed thereto. The question whether the statutory notices of demand were actually served upon the petitioner is a triable issue and a defence available to the petitioner which could not have been gone into by the learned trial Magistrate at the....