Though complaint filed for offence under Section 138 of N.I. Act is akin to first information covered by Section 154 of Cr.P.C. unlike FIR, which is not substantive piece of evidence, complaint is a substantive piece of evidence which can be used for corroborating or contradicting the complaint, whether it is marked as exhibit or not. This is because, complaint presented under Section 200 of Cr.P.C. is akin to plaint or pleadings in civil proceedings since proceedings under N.I. Act are practically admixture of civil and criminal in nature. As submitted by learned Amicus Curiae placing reliance on the decisions of the Supreme Court in the case of BISHWANATH PRASAD AND ORS. v. DWARAKANATH PRASAD AND ORS. and TIRU JOHN v. THE RETURNING OFFICER AND ORS. , any admission made in the complaint is substantive evidence proprio vigore and an admission, if clearly and unequivocally made, is the best evidence against the party making it though not conclusive and for this purpose, the opposite party need not invite the attention of the complainant, who made admission in the complaint.
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Karnataka High Court
V. Satyanarayana vs Sandeep Enterprises on 16 September, 2004
Equivalent citations: 2005 CriLJ 12, ILR 2004 KAR 4505, 2004 (7) KarLJ 541
Bench: S Bannurmath, S Majage
