Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2023 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (2) TMI 1 - HC - Indian LawsDishonor of Cheque - particular phrase relating to ‘enquiry being conducted under Section 202 of the Code of Criminal Procedure’ is missing in the order dated 13.03.2020 or not - Section 202 of the Code of Criminal Procedure - HELD THAT:- In paragraph 12 of the Larger Bench judgement of the Hon’ble Supreme Court [ [2021 (12) TMI 175 - SUPREME COURT] ], it has been held “If the Magistrate holds an inquiry himself, it is not compulsory that he should examine witnesses. In suitable cases, the Magistrate can examine documents for satisfaction as to the sufficiency of grounds for proceeding under Section 202” - In Sunil Todi’s case [ [2021 (12) TMI 175 - SUPREME COURT] ], the Hon’ble Supreme Court in paragraph 47 has approved the manner in which the Magistrate proceeds to issue process after adverting to the complaint, the affidavit filed by the complainant, the evidence as per evidence list and the submissions of the complainant. By way of the present revisional application, the petitioners have not been able to show that the non-application of mind so contended in respect of the order issuing process has resulted in failure of justice because of false implication of any of the petitioners. The contention of the petitioners is definitely correct that the particular phrase relating to ‘enquiry being conducted under Section 202 of the Code of Criminal Procedure’ is missing in the order dated 13.03.2020, however, the whole of the process is undertaken do satisfy such enquiry which has been undergone by the learned Magistrate, prior to issuance of process - there are no grounds to interfere with the order issuing process which has been challenged by the petitioners so far as the non-compliance of Section 202 of the Code of Criminal Procedure is concerned. Thus, no case for interference has been made out in the present revisional application - revision application dismissed.
|