Section 202 CrPC - Evidence Of Witnesses On Behalf Of Complainant In Cheque Cases Can Be Taken On Affidavit : Supreme Court

The Supreme Court reitereated that in cheque cases, the evidence of witnesses on behalf of the complainant can be permitted to be taken on affidavit.

In this case, the High Court quashed the order issuing summons on the ground of non-compliance with the mandate of Section 202(1) CrPC. However, no further direction was issued by the High Court to the learned Judicial Magistrate to hold an inquiry under Section 202 CrPC.

In appeal, the Apex Court bench of Justices Abhay S Oka and Pankaj Mithal noted the following guideline issued by the Constitution Bench in the case of "In Re : Expeditious Trial of Cases Under Section 138 of N.I.Act, 1881":

"For the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses."

The bench therefore modified the HC judgment and directed the Trial Court to proceed from the stage of Section 202 of the CRPC. While doing so, the learned Magistrate will be guided by the direction issued by the Constitution Bench, the bench said.

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Code of Criminal Procedure, 1973 ; Section 202 - Negotiable Instruments Act, 1881 ; Section 138 - As far as complaints under Section 138 of the NI Act are concerned, for the conduct of inquiry under Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit. In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses. 

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