2007 (6) TMI 573 - HC - Indian Laws

Summary

Issues involved:
The judgment deals with setting aside impugned orders passed by the learned Magistrate, dismissing complaints filed by the petitioner for the offense punishable u/s 138 of Negotiable Instruments Act.

Details of the Judgment:

Issue 1: Dismissal of complaints by the Magistrate
The petitioner sought direction to set aside the impugned orders passed by the Magistrate, which dismissed the complaints filed for the offense u/s 138 of Negotiable Instruments Act. The petitioner, as the complainant, contended that all necessary details were provided in the complaints regarding the disputed cheques, borrowed amount, presentation dates, and statutory notices. The Magistrate dismissed the complaints stating lack of details in the sworn statements. The petitioner argued that the details in the complaints were sufficient, and perusal of cheques and documents was not allowed during sworn statements.

Issue 2: Legal Considerations
The Court observed that the complaints contained all essential details required for the offense u/s 138 of Negotiable Instruments Act. The Magistrate's dismissal based on incomplete sworn statements was deemed a serious error of law. Referring to a previous case, the Court emphasized that complaints and sworn statements should be read together, not separately. The Magistrate's failure to consider the complaint details and reliance solely on sworn statements was criticized. It was noted that the Magistrate overlooked the procedure under Section 203 of Cr.P.C., which requires considering both complaint and sworn statement to determine a prima facie case.

Decision:
The Court set aside the impugned orders passed by the Magistrate and directed to take all complaints on file for further proceedings in accordance with the law. The judgment highlighted the importance of considering both complaints and sworn statements in cases involving offenses u/s 138 of Negotiable Instruments Act.