Presence of Complainant in Cheque Dishonour Cases under S.138 of Negotiable Instruments Act, 1881 : Directions Issued
In an important development, directions have been issued regarding presence of complainant in cases under S.138 of Negotiable Instruments Act, 1881 before issuing process.
It has been directed at page no. 13 of Ultimate Computer Care v. S.M. K. Systems [2025] GCtR 1264 (Madurai, Madras) that "before issuing process, the Magistrate is not bound to call upon the complainant to remain present before the Court and to examine him upon oath. As a rule, the Magistrate may rely upon the verification in the form of affidavit filed by the complainant in support of the complaint, which shall be treated as a sworn statement, to issue process. In exceptional cases, such as where the Court entertains a genuine doubt about the veracity of the statements made in the complaint etc., it may summon the complainant and witnesses, if any and examine them on oath."
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