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TMI Blog2011 (11) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... pugned order of issuance of process dated 16.12.2010 passed by the learned Judicial Magistrate, First Class and Special Court under section 138 of the Negotiable Instruments Act ( henceforth," the N.I.Act" in short) in Summary Criminal Case No.16047/2010 passed against the petitioners ( original accused nos.1 to 7). 3. It is the grievance of the petitioners that all the accused against whom a complaint under section 138 of the N.I. Act was lodged were resident of Mumbai and, as such, resided beyond the jurisdiction of the learned trial Magistrate at Nagpur. The trial Magistrate chose to issue process merely after perusing the complaint, verification and the documents filed by the complainant. The impugned order was passed on the basis of p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al position is unexceptionable. Reference in this regard is also made to ruling in Neelu Chopra and Another vs. Bhatia reported in (2009) 10 SCC 184 in support of the submission that the impugned order is liable to be quashed and set aside for non-observance of mandatory legal position. 5. On behalf of the complainant / respondents 1 and 2 Mr. S.V.Sirpurkar, learned Advocate submitted that the order regarding issuance of process is revisable and, therefore, the petition under section 482 ought not to be entertained. Learned Advocate for respondents further submitted that in the ruling of Saul. Sangria w/o Shook Brawer vs. Sau. Surekha w/o Nandu Brawer and Another : 2010 All MR (Cri) 3034 the provisions of regarding taking cognizance of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ( supra). After perusing the contents of the complaint as also verification statement of the complainant the learned trial Magistrate ought to have postponed the issuance of process in the facts and circumstances of the case when accused were resident of a place beyond the jurisdiction of the learned trial Magistrate concerned. For this reason and considering the rulings cited before me, the impugned order must be held as unsustainable and, therefore, cannot be countenanced. The same is therefore, quashed and set aside. The learned JMFC, Nagpur and Special Court under section 138 of the N.I. Act shall exercise discretion in accordance with amended provision of Section 202 Cr.P.C. and in the light of the rulings referred above. The complai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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