RAJESH BHALCHANDRA CHALKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition has been placed before the Full Bench for considering the question about interpretation of Section 145 of the Negotiable Instruments Act, 1881 read with Sections 118, 138, 139, 142, 143 and 146 of the Negotiable Instruments Act, 1881 (for short referred to as NI Act ) and its interplay with Section 200 of the Code of Criminal Procedure, 1973 (for short referred to as CrPC ).

(2.) Shortly put, the question is - whether, in view of the provisions of Section 145 NI Act (added by Act No.55 of 2002), a Metropolitan Magistrate or Judicial Magistrate, First Class, taking up a complaint under Section 138 of the NI Act, along with documents in support thereof and a verification made in the affidavit in support of the complaint, is still obliged to examine on oath the complainant and his witnesses before issuing process on the complaint

(3.) The reference has been made as the learned Single Judge expressed the prima facie view that the judgment of a learned Single Judge of this Court in Amarnath Baijnath Gupta and another vs Mohini Organics Pvt Ltd and another, 2009 CrLJ 995 and the judgment of a Division Bench of this Court in Maharaja Developers and another vs Udaysing s/o Pratapsinghrao Bhonsale and another, 2007 CrLJ 2207 require reconsideration inasmuch as the said Benches have held that provisions of Section 145 of the NI Act would not have an over-riding effect over the provisions of Section 200 of Cr PC, and in so far as the said judgments have held that before issuing process under Section 200 CrPC, it is mandatory for the Magistrate to examine the complainant, who has filed the complaint under Section 138 of the NI Act, even though the complaint has been filed along with verification on solemn affirmation.