Section 202(2) Crpc Inapplicable To Complaints U/S 138 NI Act In Respect Of The Examination Of Witnesses On Oath

KEY TAKEAWAYS

• The Supreme Court emphasized that the Section 202(2) CrPC is unimportant to protests under Section 138 in regard to the assessment of observers on pledge.

DETAILS

• Name of the case : Sunil Todi vs State of Gujarat
• The Court saw that the proof of observers for the benefit of the complainant will be allowed on oath.
• One of the issues raised by the accused was whether the Magistrate, taking into account Section 202 CrPC, should have delayed the issuance of the cycle?
• The accused had argued that Section 202 CrPC visualizes the delay of the issuance of interaction where the accused dwells past the ward for the domain of the court.
• For this case, no request was completed by the Magistrate.
• The order passed by the Magistrate can't be held to be invalid as selling out a non-use of psyche, the court stated.

QUESTIONS

• Do you agree with the decision of the Supreme Court ?
• What is section 138 NI Act ?