ORDER

K. J. Rohee, J.—The issue which has been referred to this Bench is, “Is it mandatory for the Magistrate to examine the complainant who has filed complaint under Section 138 of Negotiable Instruments Act with affirmation as regards truthfulness of the facts mentioned in the complaint before issue of process under Section 200 of Cr.P.C.?”

2. It so happened that H.H. Maharaja Udaysingh Bhonsle s/o late H.H. Maharaja Pratapsinghrao Bhonsle resident of Junior Bhonsla Palace, Mahal, Nagpur ( hereinafter referred to as the complainant) filed a complaint in writing on 21.4.2006 against Maharaja Developers and Vijay Tulsiramji Dangre (hereinafter referred to as the accused) under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act.) on account of dishonour of cheques issued by the accused in favour of the complainant and his sister. The said complaint contained a solemn affirmation by the complainant at the foot of it. The complainant also filed certain documents along with the complaint. On perusal of the complaint and the documents filed with it, the learned Magistrate was satisfied that there was prima facie case to proceed against the accused. He