Negotiable instrument Act

somnath rai (Querist) 12 July 2011 This query is : Resolved
Explain as to whether provision of section 200 of the code of cr.p.c. 1973 requiring magistrate to examine complaint and witnesses on oath before issuance of the process apply to a complaint regarding offence under section 138 of the act ? whether accused can be allowed to tender his evidence on affidavit?

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J K Agrawal (Expert) 12 July 2011
of course, The whole provisions of Crpc are applicable.

The case under s 138 NI Act a summery trial case.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 July 2011
for NI 138 cases affidavit is allowed, still some court may insist for examination but it is always formal.

Raj Kumar Makkad (Expert) 12 July 2011
Affidavit shall suffice being a summary trial.

adv. rajeev ( rajoo ) (Expert) 13 July 2011
In the recent Karnataka High Court ruling sworn statement cannot be thru., an affidavit. Complainant has to depose before the court.