TMI Blog2012 (11) TMI 1332X X X X Extracts X X X X X X X X Extracts X X X X ..... tropolitan Magistrate, Bangalore City. The facts relevant for the purpose of these appeals are as under: The appellant is the complainant in CC Nos. 21644, 21645 and 21647 of 2006 filed before the Trial Court as against the respondents respectively. It is her claim that she advanced a loan of Rs. 10,00,000/- to the accused in CC No. 21644/2006, Rs. 10,00,088/- to the accused in CC No. 21645/2006 and Rs. 19,50,000/- to the accused in CC No. 21647/2006 in the month of February, 2006 and towards the repayment of dues, the respondents (accused) in each of the cases said to have issued the cheques. The cheques were presented by the appellant in the Bank for encashment. The said cheques returned with an endorsement of insufficient funds . Hen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. 6. Per contra, learned Counsel for the respondents in all the cases submit that there is no such error or illegality in the procedure adopted by the Trial Court and hence, he submits that there is no necessity to remit the matter back to Trial Court. 7. So far as the procedure for recording evidence in these proceedings are concerned, Section 145 of the NI Act is relevant and the same is extracted hereunder for the sake of convenience: 145(1). Evidence on affidavit:-Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the evidence of the complainant may be given by him on affidavit and may, subject to all just exceptions be read in evidence in any enquiry, trial or other proceeding under the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d unmakes the law. The judge's duty is to interpret and to apply the law not to change it to meet the judge's idea of what justice requires. Interpretation does, of course, imply in the interpreter a power of choice where differing construction are possible. But our law require the judge to choose the construction which in his judgment best meets the legislative purpose of the enactment. If the result be unjust but inevitable, the judge may say so and invite Parliament to reconsider its provision. But he must not deny the statute. Ultimately it held thus: In light of the above, we have no hesitation in holding that the High Court was in error in taking the view, that on a request made by the accused the Magistrate may allow hi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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