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2021 (10) TMI 293 - HC - Indian LawsDishonor of Cheque - unregistered Partnership - maintainability of complaint under Section 138 read with 141 of the Negotiable Instruments Act, 1881 - HELD THAT:- In the case in hand, the learned Magistrate while issuing the process, has personally verified the complaint; perused the documents filed alongwith it and after taking into consideration the statement of Complainant on oath and upon hearing, learned Advocate for the Complainant at length held that there were sufficient grounds for proceeding against the accused. It shows that the learned Magistrate has not only verified the complaint and heard the Complainants’ Advocates, but also perused the documents filed alongwith the complaint for obtaining satisfaction as to sufficiency of ground for proceeding under Section 202. Though the accused Nos. 1, 2 and 3 were residing at a place beyond the territorial jurisdiction of the learned Magistrate, and although he did not postpone the issuance of process, order issue process shows that learned Magistrate has obtained requisite satisfaction, from the documents available on record as to sufficiency of the grounds for proceeding under Section 202 against the accused. In view of this matter the impugned order in Criminal Revision Application No. 79/2019 is quashed and set aside. The ‘issue process’ order passed by the learned Magistrate on 16th January, 2019 is upheld - Impugned order is quashed and set aside - Application allowed.
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