TMI Blog2013 (2) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... nfirmed the order passed by the learned Magistrate in CC No. 41505 of 2010, dated 22.09.2011, whereby and whereunder the complaint filed by the appellant was returned by the learned Magistrate on grounds of lack of territorial jurisdiction and also recalled the order issuing summons to the respondents on the application filed by the respondents under Sections 202, 203 and 245 of the Code of Criminal Procedure, 1973 ( Code for short). 3. The facts are: The appellant had filed a private complaint under Section 200 of the Code against the respondents for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ( Act for short). The learned Magistrate, by order dated 04.09.2010, took cognizance of the offence and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Code upon an application filed under Sections 202, 203 and 245 of the Code by the respondents. He would further submit that at the said stage of the proceedings the appropriate remedy to be sought, if the order of the learned Magistrate stands vitiated due to lack of territorial jurisdiction, is by filing of an application/petition under Section 482 and not under Section 203 of the Code. He would assert that this aspect of the matter has not been noticed by the High Court while rejecting the petition filed under Section 482 of the Code. In support of his submission, learned counsel has placed reliance upon a three judge bench decision of this Court in the case of Adalat Prasad v. Rooplal Jindal and others, (2004) 7 SCC 338, wherein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laint and a prima-facie case is made out against the accused. The said satisfaction should be arrived at by conducting an inquiry as contemplated under Sections 200 and 202 of the Code. The first stage of dismissal of the complaint before the issuance of process arises under Section 203 of the Code, at which stage the accused has no role to play. Subsequent to issuance of process, the question of the accused approaching the Court by making an application under Section 203 of the Code for dismissal of the complaint is impermissible because by then the stage of Section 203 is already over and the Magistrate has proceeded further to Section 204 stage. 12. Therefore, the crux of the matter rests into the existence of two different scenarios; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the accused at the interlocutory stage under Section 203. This Court, after overruling the view expressed by this Court in K.M. Mathew case (supra) has stated as under: It is true that if a Magistrate takes cognizance of an offence, issues process without there being any allegation against the accused or any material implicating the accused or in contravention of provisions of Sections 200 and 202, the order of the Magistrate may be vitiated, but then the relief an aggrieved accused can obtain at that stage is not by invoking Section 203 of the Code because the Criminal Procedure Code does not contemplate a review of an order. Hence in the absence of any review power or inherent power with the subordinate criminal courts, the remedy lie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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