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TMI Blog2021 (12) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... ERSUS STATE OF GUJARAT ANR. [ 2021 (12) TMI 175 - SUPREME COURT] it would not be mandatory on the part of the Magistrate to hold an enquiry under Section 202 (2) of the Criminal Procedure Code as specified in Section 145 of the N.I. Act. However, the petitioners have a legal right to assail a proceeding initiated against them in the form of complaint before the Court of a Magistrate. The mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioners in this criminal revisional application has prayed for quashing of the proceeding in complaint case no.443 of 2017 pending before the learned Judicial Magistrate, 2nd Court, Alipore, South 24 Parganas. The main contention of the petitioners is that the petitioner no.1 is a proprietor of Oxygen Realty who is said to have issued cheque no.052705 dated 28.11.2016 for a sum of ₹ 12,50, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n enquiry under Section 202(2) of the Criminal Procedure Code, before issuing summons against the present petitioners. I have perused the application for the criminal revision, the documents file and considered the submissions made by learned counsel for the petitioners which will be taken into account at the appropriate time. Whether the cheque issued by the petitioner no.1 in favour of opposi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 138 .. It is further observed that: ..if the evidence of the complainant may be given by him on affidavit, there is no reason for insisting on the evidence of the witnesses to be taken on oath. Consequently, it was held that Section 202(2) of the Cr. P.C. is inapplicable to complaint under Section 138 in respect of the examination of witnesses on oath . In the said case i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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