LI Network
Published on: November 15, 2023 at 00:04 IST
The Delhi High Court, in the context of a criminal appeal, has emphasized that the Metropolitan Magistrate, during an inquiry under Section 202 of the CrPC in accordance with Section 145 of the NI Act, is not obligated to delve into the evidence.
The court clarified that the Magistrate’s duty is solely to assess whether the complainant has prima facie established the fundamental elements of an offence under Section 138 of the NI Act.
In the order by the Single Judge Bench of Justice Amit Bansal, it stated, ‘At the stage of issuance of summons, for the purpose of Section 202 of the CrPC read with section 145 of the NI Act, the learned MM is only required to examine whether the basic ingredients of an offence under Section 138 of the NI Act have been prima facie made out by the complainant and supported by the pre-summoning evidence led on behalf of the complainant.’
The petitioner and complainant, Northern India Paint Colour and Varnish Co. LLP, filed a petition challenging the order passed by the Additional Sessions Judge (ASJ), Tis Hazari Courts, Delhi, which set aside the summoning order by the Metropolitan Magistrate (MM), Central, Tis Hazari Courts, Delhi, in a complaint case under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
The ASJ remanded the matter back to the MM for fresh consideration and directed the Trial Court to conduct the mandatory inquiry under Section 202 CrPC.
The Court considered arguments from both sides, noting that in cases under Section 138 of the NI Act, the mandatory inquiry under Section 202 of the CrPC can be conducted by taking evidence of the complainant on affidavit, and a connected inquiry need not necessarily involve evidence on oath.
The Court emphasized that documents may be examined for the satisfaction of the Trial Court regarding the sufficiency of grounds for proceeding under Section 202 of the CrPC.
The Court concluded that in both complaint cases, the learned MM had duly conducted the necessary inquiry under Section 202 of the CrPC before issuing summons to the accused, rejecting the argument that summoning orders were passed mechanically without proper inquiry.
Case Title: Northern India Paint Colour and Varnish Co. LLP V. Sushil Chaudhary
