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14. Learned counsel for the petitioner, however submits that in case the complainant/respondent no. 2 is unwell or infirmed for any reason, the Court can appoint a Commission under Sections 283/284 CrPC which ought to have been done in the present case in view of Section 142(1)(a) NI Act, which prohibits a Court from taking cognizance of any offence punishable under Section 138 NI Act except upon a written complaint by the payee or holder in due course of the cheque.

15. Learned counsel for the petitioner relies upon the decision in State of Karnataka v. Byrappa @ Byregowda ILR 2006 Kar 3091 and submits that the Court has to exercise its power to examine the witness by issuing a Commission under Section 284 CrPC and to ensure that no miscarriage of justice takes place. He has also placed reliance upon the decision of the Supreme Court in State of Maharashtra v. Dr. Praful B. Desai 2003 4 SCC 601 wherein it was held that given the advancement of science and technology, evidence of a necessary witness can also be recorded by way of Video This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003501 Conferencing after issuing a Commission under Section 284 CrPC.

16. A reliance is also placed by learned counsel for the Petitioner on the decision of the Madras High Court in Mrs. Pankajam Ramaswamy v. Mrs. Elangovan 2009 SCC Online Mad 1332 wherein the Court observed that the Complainant had undergone knee replacement surgery on both legs and had sought for appointment of a Commission to examine her as a witness and directed that where respondent no. 1 resides in the territorial jurisdiction of the learned MM‟s court and as such the learned MM and accused persons may themselves go to the residence of respondent no. 1 for the purpose of recording her evidence.

21. It is seen that where it is not possible for a witness to attend the Court, the procedure contemplated is under Section 284 CrPC to examine the witness by the Court Commissioner. For this purpose, Section 284 CrPC reads as under:

"284. When attendance of witness may be dispensed with and commission issued.- (1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:

23. A reading of Section 284 CrPC makes clear that where a witness could not be procured before the Court and that it is so This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003501 essential to meet the ends of justice, such witness can be examined through a Commissioner.

24. During the course of arguments, learned counsel for the complainant/respondent no. 1 herein stated that he has no objection to the respondent no. 1 being cross-examined by way of appointment of a Commission under Section 284 CrPC by the learned MM, upon an application being filed by the complainant.