2007 (6) TMI 573

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..... l the complaints. It is also submitted by the learned Counsel for the petitioner that in all the complaints, the date of the disputed cheques and amount borrowed by the accused and also in respect of the presentation, thereafter date of statutory notice given are clearly stated. It is also contended by the learned Counsel for the petitioner that the petitioner has followed the mandatory requirements contemplated under Section 138 of Negotiable Instruments Act. It is further contended by the learned Counsel for the petitioner that after recording the sworn statements of the petitioner, the learned Magistrate has dismissed all the complaints mainly on the ground that the complainant has not given the details about the payment of loan, date of .....

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..... discloses that the learned Magistrate has dismissed the complaints merely on the ground that the petitioner/complainant in his sworn statements has not given certain particulars regarding the date of transaction of money, date of cheque, date of presentation of the cheque into bank, name of the bank in which the cheque was presented and in respect of the dates of statutory notice given by the petitioner. 7. At the outset, this Court is of the considered view that the learned Magistrate has committed a serious error of law while passing the impugned order. The undisputed fact remains that the complaints preferred by the petitioner contained al I the necessary details viz., the date of each amount given as loan to the accused, date of c .....

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..... ecords to be looked into for the purpose of taking a decision under Section 203 or 204 of the Code. It cannot be said that Court can look into sworn statement only and not the complaint itself. 9. This Court is of the considered view that the principle laid down by this Court in the decision cited supra is clearly applicable to the instant case. In this case also the learned Magistrate simply overlooked the averments and allegations contained in the complaints and by placing reliance on the sworn statements, dismissed the complaints held that there is no prima facie case made out for the offence under Section 138 of Negotiable Instruments Act. It is also seen from the perusal of the impugned orders that the learned Magistrate has ignor .....

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