Negotiable Instruments Act, 1881
Section 138 read with Section 141—Dishonour of cheque—Petition for setting aside of summoning order—Primary contention of petitioners is that the trial court had failed to carry out inquiry as per Section 202 CrPC—Court while considering the complaint in relation to offence under Section 138 of the Negotiable Instruments Act, in case where an accused resided outside the jurisdiction of the Court, is not required to examine the witness on oath for conducting the inquiry as contemplated under Section 202 of CrPC, rather can itself advert to documents and evidence by way of affidavit filed on record by the complainant and reach satisfaction as to whether the accused should be summoned or not—As per Section 145(1) of the NI Act, the evidence of complainant may be given by him on affidavit, and for summoning of accused under Section 138 , recording of statements under Sections 200 and 202 CrPC, is not required—Magistrate has considered the pre-summoning evidence by way of affidavit, contents of the complaint, as well as other relevant documents, and only thereafter, having been satisfied that prima facie case existed against the accused persons, had issued summons to the accused persons—No  illegality or perversity found in the impugned order—Petition dismissed.
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