TMI Blog2006 (7) TMI 737X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporation Bank, Palam, New Delhi. When the cheque was presented, it was returned unpaid for the reason `Stop payment' vide returning memo dated 16.4.2004. The respondent served legal notice and thereafter filed the aforesaid complaint. Summons have been issued to the petitioner in the said complaint. Challenging the summoning order, the present petition is filed. 2. It is, inter alia, pleaded that there was no such loan transaction between the parties, the petitioner, on account of his being hard pressed for time, normally gives his cheque book to his wife at times with several signed cheque leaves; the fact was known to one Ranbir, S/o. Jundan Lal, who happens to be elder brother of his wife and it is possible that he has committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the complainant, and the cheque on presentation was dishonoured due to reason of Funds insufficient on 16.04.04 vide return memo Ex CW1/D legal notice Ex CW1/C dated 13.05.04 was sent to the accused within the period of limitation through registered AD postal receipts. Exhibit CW1/D. It is deposed that even after receipt of notice the cheque amount have not been paid by the accused to the complainant. The present case has been filed within the prescribed period of limitation on 10.06.04. I am also satisfied regarding jurisdiction of this court. There is sufficient material to summon the Accused u/s. 138 Negotiable Instrument Act. Accordingly issue summons to accused u/s 138 of Negotiable Instrument Act upon filing of PF/RC/AD and as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt is available. Sworn statement of the complainant and witnesses are available. Mind of the Court is applied to these materials judicially to decide whether the matter deserves to be proceeded with further by issue of process under Section 204 Cr.P.C. or whether proceedings deserve to be terminated by dismissal of the complaint under Section 203 Cr.P.C. In any view of the matter, the proceedings before the Criminal Court at that stage would certainly qualify to be inquiry as defined under Section 2(g). Under Section 2(g), inquiry means every inquiry, other than trial, conducted under this Code by a Magistrate or Court. In this view of the matter, the proceedings before the Magistrate under Section 200 Cr.P.C. whereunder the Magistrate co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e evidence, Section 3 of the Evidence Act defines evidence in the following words : Evidence -- Evidence means and includes (I) all statements which the Court permit or requires to be made before it by witnesses, in relation to matters of fact under inquiry such statements are called oral evidence; (emphasis supplied) 15. All statements which the Court permits or requires to be made before it by witnesses in relation to facts under inquiry would be evidence. The provisions regarding the manner in which examination of witnesses is to take place and the order of examination in chapter X of the Evidence Act cannot be pressed into service to decide whether the sworn statement recorded under Section 200 Cr.P.C., will be evidence or no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scussions that the proceedings before the Criminal Court at a stage prior to Section 203/204 Cr.P.C. will be inquiry. The statement of a complainant to be recorded under Section 200 Cr.P.C. will be evidence. In these circumstances, Section 145 of the Negotiable Instruments Act squarely applies and it will be permissible for the Court to receive the affidavit filed under Section 145 of the Negotiable Instruments Act at the stage of Section 200 Cr.P.C. and to act upon the same. It is unnecessary ordinarily to insist on personal appearance of the complainant to tender the sworn statement at that stage. 6. For the foregoing reasons, this petition is dismissed. Needless to mention, the observations made by this Court will not prejudice the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
