The Court also held that there was no bar on a magistrate to consider whether any of the Exceptions to Section 499 (defamation) of Indian Penal Code is attracted, at the stage the court proceeds to issue process.
The Madras High Court recently observed that while taking cognisance of a complaint under Section 200 CrPC, the Magistrate could not look into the veracity of the witnesses. The court added that at.
The Allahabad High Court recently observed that in a complaint under Section 138 of the Negotiable Instruments (NI) Act 1881, an accused can be summoned on the basis of an affidavit by the complainant