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2021 (12) TMI 1003 - HC - Indian LawsDishonor of Cheque - cheque issued under duress or not - whether petitioner nos.2 and 3 are in no way related to the firm represented by the petitioner no.1 and are residents of Pune? - HELD THAT:- In view of the decision of the Hon’ble Supreme Court in SUNIL TODI & ORS. VERSUS STATE OF GUJARAT & ANR. [2021 (12) TMI 175 - SUPREME COURT] it would not be mandatory on the part of the Magistrate to hold an enquiry under Section 202 (2) of the Criminal Procedure Code as specified in Section 145 of the N.I. Act. However, the petitioners have a legal right to assail a proceeding initiated against them in the form of complaint before the Court of a Magistrate. The matter be listed on 20.01.2022 for filing affidavit of service and affidavit in opposition, if any.
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