138 of NI Act

V. Ramakrishna (Querist) 26 May 2011 This query is : Resolved
Can the magistrate in his judgment go beyond
on facts or otherwise what has been stated by the Complainant ???

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Ajay Bansal (Expert) 26 May 2011
Yes as a boundation.The Magistrate has to find out the truth.So he/she is bound to apply his/her mind beyond the complaint too on each and every fact, which is required to be cosidered to know the full/partly truth/falsity of complaint.

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 May 2011
on very restricted scale yes but only when it comes in evidence to explain the pleadings than only the Judge can rely on them otherwise not.

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