The Karnataka High Court says that if a written complaint as contemplated by paragraph (a) of section 1 of section 190 of the Criminal Procedure Code (CrPC) is filed when the complainant is represented by a magistrate in the magistrates' courts it cannot emphasize that the presence of the complaint at the time of filing the complaint.
In the event of a complaint that a disciplinary hearing under section 138 of the Negotiable Instruments Act exists, it is not necessary for the magistrate in all cases to emphasize the face of the complainant to examine him. If the complaint is in accordance with the affidavit of the complainant or his / her authorized representative. After using the affidavit and other documents if available, if the magistrate is satisfied they can issue the invitation.
Arrested by the bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty:
"We do not receive any grant from the Crp. Which makes it mandatory for the existence of the complainant in writing as contemplated in subsection (a) of subsection (1) of Section 190 at the time of the court's appeal. in terms of Section 200 of the CPC, except in the circumstances governed by paragraphs (a) and (b) of the objection in Section 200 and the complaints that make charges against it under Section 138 of the NI Act, the investigation of a complainant under oath in terms of section 200 is compulsory.
With regard to an appeal filed under Section 138 of the NI Act, the special procedure as provided for in the NI Act and in particular, Section 145 in which we enforce CrPPC provisions by giving evidence to a plaintiff may be provided by affidavit and may, pursuant to all extracts, be read in evidence at any any investigation, trial or other proceeding of Cr.PC ".
The court heard suo-motu's request to address various legal and technical issues facing district / trial courts by the start of limited court proceedings starting June 1, following the normal procedure issued by the high court.
The bench also emphasized that the Family Court cannot emphasize that in the presence of parties there are times for filing of cases when they have separated cases seeking divorce.