PANKAJ KAPOOR Vs. STATE

JUDGEMENT

(1.) This petition is directed against the order of the learned Metropolitan Magistrate dated 27.9.2001, where by the learned Magistrate has rejected the application of the petitioner to take on record the affidavit of the complainant and the documents in support of the complaint filed under Section 138 of the Negotiable Instruments Act.

(2.) Learned Counsel for the State submits that in spite of judgment of the Delhi High Court in BIPS Systems Limited v. State and Anr.93 (2001) Delhi Law Times 10, which clearly gives the Magistrate the power to accept affidavit of the complainant and witnesses, if any and to proceed further without recording statements under Section 200, Cr.P.C., the same is not being followed.

(3.) I am pained to notice such utter disregard by the Magistrate of the High Court directions. The idea behind the order is to speed up justice, which again was in keeping with the directions of the Supreme Court. The Magistrate in not following the judgment of the High Court has done disservice to this case. I direct the Magistrate to apply his mind a fresh to the application of the petitioner, keeping in mind the judgment of the High Court; and giving effect thereto. With this direction Crl.M(M) 3719/2001 is disposed of. This order be sent to the Court concerned through a special messenger.