Key Principle: Special Procedure under Section 145 of the Negotiable Instruments Act Overrides CrPC Provisions

In proceedings under Section 138 of the Negotiable Instruments Act, the special procedure outlined in Section 145 allows the complainant's evidence to be given by affidavit, which is admissible in any inquiry, trial, or proceeding under the CrPC. This provision dispenses with the requirement for preliminary deposition of the complainant and witnesses under Sections 200 or 202 of the CrPC, even when the accused reside outside the Magistrate's territorial jurisdiction, thereby eliminating the need for further inquiry under Section 202 prior to issuing process. (!) [9000402460001][9000402460002][9000402460003][9000402460007]

Scope of Affidavit Evidence in Summary Trials

The amendments via the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002 (introducing Sections 143-147) aim at swift disposal of cheque dishonour cases through summary trials. Affidavit evidence suffices at both pre-summoning and post-summoning stages, subject to the court's discretion to summon witnesses for cross-examination upon application.[9000402460002][9000402460003] (!) (!) (!)

Non-Obstante Effect and Subsequent CrPC Amendments

The non-obstante clause in Section 145 overrides the CrPC, including subsequent amendments (e.g., to Section 202), to the extent of repugnancy, unless expressly amended in the NI Act itself.[9000402460007]

Procedural Guidelines for Magistrates

• Scrutinize complaint with affidavit on presentation day; if in order, take cognizance and issue summons pragmatically (post, email, etc.). (!) (!)
• Direct accused to furnish bail bond, record plea under Section 251 CrPC, and proceed to defence evidence unless recall application under Section 145(2). (!)
• Complete examination-in-chief, cross, and re-examination within three months, accepting affidavits where possible. (!)

Outcome in Challenge to Process Issuance

Challenge to issuance of process without Section 202 inquiry rejected; trial to proceed expeditiously.[9000402460008][9000402460009][9000402460010]