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2018 (8) TMI 706

er Section 202 of the Code of Criminal Procedure - Held that:- In the case of Dr.(Mrs.) Rajul Ketan Raj [2016 (2) TMI 1140 - BOMBAY HIGH COURT], this Court after taking into consideration several decisions, has taken a view that it is not mandatory to hold the inquiry contemplated under Section 202 of Cr.P.C. - The object of Section 200 of Criminal Procedure Code is to test whether the complaint makes out sufficient ground for the purpose of issuing process. The amended Sub-section (1) of Section 202 of Cr.P.C. makes it obligatory upon Magistrate that before summoning the accused residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or such other person as he think .....

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were dishonoured. The complainant forwarded notice of demand. However, the amount was not returned, and, hence, the complaint was filed on 9th October, 2015. 3. The Court of Judicial Magistrate, First Class, Solapur, issued process against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, by order dated 19th January, 2016. 4. The only ground which is raised challenging the issuing process by the petitioner is that the trial Court had taken cognizance of the complaint without taking recourse to inquiry under Section 202 of the Code of Criminal Procedure. It is contended by the petitioner that he is resident of Mumbai and the complaint was filed in the Court at Solapur. It is submitted that on .....

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pati Vs. Mediascope Punlicitas (India) Pvt. Ltd. & Anr. 2017 0 Supreme (Mah) 1608, decided on 13.10.2017 8. In the case of Dr.(Mrs.) Rajul Ketan Raj (Supra), this Court after taking into consideration several decisions, has taken a view that it is not mandatory to hold the inquiry contemplated under Section 202 of Cr.P.C. The said view was accepted by me in the decision in the case of Vijay Tata Ravipati (Supra), which is relied upon by the learned counsel for the respondents. In the case of Dr.(Mrs.) Rajul Ketan Raj (Supra), this Court has taken note of decision in the case of Netcore Solutions Pvt. Ltd. & Ors. (Supra). In the case of Vijay Tata Raviptati (Supra), it was argued that the applicant accused is residing beyond jurisdic .....

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or such other person as he thinks fit, for finding out whether or not there is sufficient ground to proceed against the accused. The object of such inquiry is to ensure that innocent persons residing beyond the jurisdiction of the Magistrate are not harassed by unscrupulous persons by filing false or vexatious complaints. It casts a duty on the Magistrate to arrive at a prima facie satisfaction whether or not there is sufficient ground to proceed against the accused residing beyond jurisdiction of the Court. In the case of Bansilal S. Kabra Vs. Global Trade Finances Ltd. 2010 ALL MR (Cri) 3168, while considering the applicability of the provisions of Section 202 of Cr.P.C to the complaints filed under Section 138 of the Negotiable Instrume .....

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is issue has to be resolved by Larger Bench. 10. In the case of Dr.Rajul (Supra) this Court after referring to several decisions including Netcore Solutions Pvt. Ltd. (Supra) and the decision in Bansilal Kabra (Supra), and Vinod Vs. SBI Global Factors Ltd.8, holding that compliance with the provisions of Section 138 of Negotiable Instruments Act is only directory and not mandatory is in accord with the Scheme of the Negotiable Instruments Act and the legislative intent that such complaints are disposed of in expeditious manner. In my opinion the view taken in this decision is required to be accepted. I have already adopted the said view in the case of Vijay Tata Ravipati (Supra). In the present case, the trial Court has issued process on th .....

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