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Judgment
S. Ravindra Bhat, J.—The question canvassed in these proceedings is to the correctness of the complaint proceedings initiated for alleged commission of offences under Sections 138/142 of the Negotiable Instruments Act.
The point on which the present petitions u/s 482 have been lodged are that the Trial Court could not, in terms of Section 200 of the Code of Criminal Procedure, have issued the summoning order as it did, since the complainant HUDCO, a corporate juristic entity was obliged to present evidence through its authorized representative/ Director.
According to Mr.Chetan Sharma, learned Senior Counsel, the proceedings leading to the summoning order are irregular and require to be quashed on two counts. One, that the affidavit presented by way of evidence and taken on record was not properly verified and. two. that the officer/authorised representative ought to have been examined by the Court in accordance with the provisions of the Code of Criminal Procedure.
Learned Counsel urged that in the absence of due compliance, the proceedings were a nullity and, therefore, ought to be quashed.
Learned Counsel for the respondent urged that Section 7 of the Oaths Act, prescribes that in the event of any irregularity of infirmity in the verification, that would not result in invalidation of the proceedings and the same can be cured.
The above narrative would show that the point urged is narrow; which in my considered opinion does not go into the root of the jurisdiction of the Magistrate. However, there is some merit in the submission of the petitioner as to the non-examination of the concerned official who deposed in support of the complainant. I am, therefore, of the opinion that the petition has to be allowed. The impugned summoning order is, therefore, quashed. The matter is remitted to the Trial Court for reconsideration. The Trial Court shall grant fresh opportunity to the complainant/second respondent to lead such evidence, in accordance with law as it may choose to and, thereafter, proceed with the matter.
The petition is allowed in the above terms.
The complainant shall be present for this purpose before the Trial Court on 2nd April. 2007.