Cognizance of offence, Examination of complainant u/s 200 and issue of Summons
1 At the stage of issuing Summons and conducting Inquiry u/s 202, the Court have to only see whether the basic ingredients of an offence u/s 138 have been prima facie made out.
2 The Case may be transferred to competent court of jurisdiction if during the course of trial it is realized that the very Court trying the offence has no jurisdiction.
3 Courts are barred from taking cognizance if Complaint not filed within one month from the date of accrual of cause of action; and not accompanied by condonation of delay Application.
4 If despite Notice, the drawer of the cheque neglects to make payment, he is bound to face the criminal trial.
5 Courts are barred from taking cognizance if Complaint is filed before expiry of 15 days, from the date of receipt of statutory notice by the drawer of the cheque.
6 Section 138 proceedings may continue against natural person who are Accused therein, notwithstanding IBC mandate.
7 At the stage of cognizance of offence, the trial Court would only have to see, whether a prima facie case is made out meeting the conditions precedent as envisaged under Section 138 of NI Act.
8 If Complaint, Affidavit u/s 200 of CrPC, Affidavit of Evidence alongwith documents, are found in order, the Court will take cognizance on the same date of filing; and direct issuance of summons.
9 At the time of taking cognizance of offence u/s 138, Affidavit of complainant in lieu of Examination, is sufficient compliance of section 200 of CrPC.