K.S.JOSEPH vs PHILIPS CARBON BLACK LTD.

The Supreme Court upheld the High Court's decision rejecting the appellant's plea to quash the cognizance order under Section 138 of the Negotiable Instruments Act, 1881. The Court clarified that the examination of the complainant on solemn affirmation under Section 200 of the Cr.P.C. is not mandatory due to the non obstante clause in Section 145 of the Act, which allows evidence by affidavit. The Court emphasized that the requirements of Section 202 of the Cr.P.C. regarding territorial jurisdiction do not apply in this case, affirming the validity of the summons issued against the appellant.