A.R.LAKSHMANAN, S.SANKARASUBBAN
N. Harihara Iyer – Appellant
Versus
State Of Kerala – Respondent
AR. LAKSHMANAN, J.
The complainant before the Chief Judicial Magistrate Court, Ernakulam, in complaints filed under S. 142 of the Negotiable Instruments Act and S. 190 of the Code of Criminal Procedure alleging an offence under S. 138 of the Negotiable Instruments Act against the accused, is the petitioner in the Original Petition, which was filed :
"(i) to declare that in respect of the complaints lodged under S. 142 of the Negotiable Instruments Act, 1881, for taking cognizance, the examination of the complainant is not necessary under Sec. 200 of the Cr.P.C.;
(ii) to issue necessary instructions to all the Magistrates in the State of Kerala to take cognizance of the offences under Sec. 142 of the Negotiable Instruments Act by verifying the complaint and the documents produced by them and the examination of the complainants shall be insisted only if there is any discrepancy between them; and
(iii) to issue necessary instructions to all the Magistrate to give priority to the complaints lodged under Section 142 of the Negotiable Instruments Act, by the senior citizens and women".
The writ petition was dismissed by Koshy, J. by judgment dated 20-9-1999. The judgment read
Referred to: AIR 1960 SC 1113; AIR 1959 SC 843 & AIR 1972 SC 2639
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