BIPS SYSTEMS LIMITED Vs. STATE OF DELHI

JUDGEMENT

(1.) This case is directed against the orders dated 15/2/2000 and 24/4/2000 of the Metropolitan Magistrate whereby the Metropolitan Magistrate has given a date for further proceedings which is beyond 9 months. On the basis of this petition, a report was called for from the Metropolitan Magistrate who submitted the status report according to which certain difficulties were pointed out besides work-load. The learned Metropolitan Magistrate also pointed out that considerable time was lost at the pre-summoning stage due to requirement of Section 200,Criminal Procedure Code. whereby the complainant and his witnesses are required to be examined on oah by the Metropolitan Magistrate. I have heard the learned Counsel for the petitioner and also for the State and have gone through the procedure that is causing this delay. Section 142 of the Negotiable Instruments Act, 1881 may be referred to as under : Section 142:

(2.) Since the procedure prior to taking cognizance is provided under Section 142 of the Act and there is no bar to giving information on affidavit. It would suffice if 111 the fist instance the complaint under Section 138 of the Act is filed supported by an affidavit of the complainant as also the witnesses in support if any satisfying the ingredients of Section 142, Negotiable Instruments Act.

(3.) Once that is done, it would be open to the Magistrate to deal with the matter after going through the complaint supported by affidavit of the complainant and of witnesses if any to proceed further without again recording statement under Section 200, Criminal Procedure Code but proceed deeming the statement to be recorded thereunder. This would to my mind cut-short the procedure without offending any provisions nor likely to cause prejudice to the accused.