(1.) THE instant application under Section 401 of the Code of Criminal procedure read with Article 227 of the Constitution of India has been filed by the petitioner herein for setting aside the order dated 13. 2. 2009 passed by the learned Judicial Magistrate First Class -II Court, Port Blair in C. R. Case No. 163 of 2008 (Shri Antony v. Naidu) by reason whereof he dismissed the application dated 12. 12. 2008 filed on behalf of the petitioner praying for an order to permit him to examine himself on dock on Solemn affirmation before the process is issued upon the opposite party No. 2 herein for commission of the offence under Sections 138/142 of the Negotiable Instrument Act read with Section 420 of the Indian Penal Code.
(2.) THE short question that arises for consideration in the instant application is that, "is it mandatory for the Magistrate to examine the complainant who has filed complaint under Sections 138/142 of the N. I. Act read with Section 420 of the I. P. C. with an affirmation as regards truthfulness of the facts mentioned in the complaint before issue of process under Section 200 of the Cr. P. C?"
(3.) IT so happened that Shri Antony, the petitioner herein filed a complaint in writing on 19. 11. 2008 against Shri Naidu under Sections 138/142 of the N. I. Act read with Section 420 of I. P. C. The said complaint contained a solemn affirmation by the complainant at the foot of it. The complainant (petitioner herein) also filed certain documents along with the complaint.