Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2011 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (11) TMI 785 - HC - Indian LawsOffence under NI Act - Held that:- After perusing the contents of the complaint as also verification statement of the complainant the trial Magistrate ought to have postponed the issuance of process in the facts and circumstances of the case when accused were resident of a place beyond the jurisdiction of the learned trial Magistrate concerned. For this reason and considering the rulings cited before me, the impugned order must be held as unsustainable and, therefore, cannot be countenanced. The same is therefore, quashed and set aside. JMFC, Nagpur and Special Court under section 138 of the N.I. Act shall exercise discretion in accordance with amended provision of Section 202 Cr.P.C. and in the light of the rulings referred above. The complainant shall appear before the learned JMFC and Special Court u/s 138, on 5th December, 2011. The petition is allowed accordingly.
|