PERCY FERNANDES Vs. ANITA PATRAO

JUDGEMENT

(1.) IN view of similarity in the facts and as same point is involved between the same parties, these two petitions are taken together for consideration.

(2.) THE respondent-complainant filed a complaint before the learned Magistrate against the petitioner-accused for an offence punishable under Section 138 of N. I. Act. The learned magistrate did not examine the complainant on oath, but received the affidavit of the complainant as sworn statement, when filed by the complainant and, considering the material on record and finding that a prima facie case has been made out by the complainant to issue process against the accused for the offence alleged, ordered to issue process against the accused. So, challenging the same, the petitioner-accused is before this Court.

(3.) WHEN the respondent-complainant appeared before the Court after notice, with consent of both sides, taken the matter for final hearing and heard both sides.