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2014 (8) TMI 1213 - HC - Indian LawsDishonor of Cheque - territorial jurisdiction - accused resides beyond the territorial jurisdiction of the concerned Magistrate - non-conduct of mandatory enquiry under Section 202 Cr.P.C. before issuing process to the accused - HELD THAT:- The object of the provisions of Section 202 Cr.P.C. is to enable the learned Magistrate to form an opinion as to whether process should be issued or not - The enquiry envisaged under Section 202(1) Cr.P.C. is only for finding out whether or not there are sufficient grounds for proceeding against the accused. Therefore, if on the existing materials, it is not possible for the Magistrate to take cognizance of the offence, he can direct an enquiry under Section 202 Cr.P.C. However, if the materials existing are sufficient, there is no impediment for the Magistrate to take cognizance of the offence and issue process against the accused, without holding any such enquiry. In the present case, the complainant has filed the complaint along with the relevant documents, including the original cheque, document with regard to the return of the same as dishonoured by the drawee bank, notice issued by the complainant to the accused, documents showing receipt of the same by the accused and the initial statement in form of affidavit in support of the allegations made in the complaint. Learned Magistrate has duly considered the said materials on record in taking cognizance of the offence under Section 138 N.I. Act and directing issuance of process to the accused-petitioner. In A.C. Narayanan v. State of Maharashtra [2013 (9) TMI 948 - SUPREME COURT], the Hon'ble Supreme Court while dealing with the question whether the proceeding contemplated under Section 200 Cr.P.C. can be dispensed with in the light of Section 145 of the N.I. Act, which was introduced by way of amendment in the year 2000, has observed that In the light of section 145 of N.I Act, it is open to the Magistrate to rely upon the verification in the form of affidavit filed by the complainant in support of the complaint under Section 138 of the N.I Act and the Magistrate is neither mandatorily obliged to call upon the complainant to remain present before the Court, nor to examine the complainant of his witness upon oath for taking the decision whether or not to issue process on the complaint under Section 138 of the N.I. Act. There are no infirmity in the impugned order of the learned Magistrate taking cognizance of the offence under Section 138 N.I. Act and directing issuance of process to the accused-petitioner, so as to warrant any interference - appeal dismissed.
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