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2021 (8) TMI 1350 - HC - Indian LawsDishonor of Cheque - bald statements as regards the role of the applicants - residents of places beyond the jurisdiction of the Magistrate - section 202 of the Code of Criminal Procedure (Cr.P.C.) - HELD THAT:- In the present case, perusal of the impugned order dated 15/02/2017, does show that the Magistrate has proceeded to issue process against the applicants by simply recording that the complaint, verification statements and the documents filed therewith have been perused. It is an admitted position that the applicants are all residents of places beyond the jurisdiction of the aforesaid Magistrate. In the said suo motu proceeding before the Hon'ble Supreme Court in Suo Motu Writ Petition (Cr.) No. 2 of 2020, In Re: Expeditious Trial of Cases Under Section 138 of N.I. Act 1881 [2021 (4) TMI 702 - SUPREME COURT], the question as to whether the enquiry under section 202 of the Cr.P.C. was mandatory in the context of complaints under section 138 of the Act of 1881 was specifically raised and answered - the Hon'ble Supreme Court has specifically held that such an enquiry has to be conducted, even in cases concerning complaints under section 138 of the Act of 1881. The impugned order does show that no such enquiry was conducted and therefore it is rendered unsustainable. As regards the other contention raised on behalf of the applicants, this Court is of the opinion that since in the present case, only the order of the issuance of process has been challenged, it would be open to the applicants to raise such contention in an appropriate manner if required, before the Magistrate. The impugned order passed by the Magistrate is quashed and set aside, since the mandatory requirement under section 202 of the Cr.P.C. was not satisfied - the application is partly allowed.
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