TMI Blog2023 (3) TMI 491X X X X Extracts X X X X X X X X Extracts X X X X ..... oceeding under Section 202 Cr.P.C. Thus the order under revision dated 24.02.2016 passed by the learned Metropolitan Magistrate, 6th Court, Calcutta being in accordance with law (Re expeditious trial of cases u/s 138 of the N.I. Act, needs no interference. Revision dismissed. - CRR 2371 of 2019 - - - Dated:- 2-3-2023 - The Hon ble Justice Shampa Dutt ( Paul ) For the Petitioner : Mr. Ayan Bhattacharya, Mr. Apalok Basu, Ms. Sahili Bose For the Opposite Party : None ORDER Shampa Dutt ( Paul ) , J. : The present revision has been preferred praying for quashing of proceedings in connection with Complaint Case No. CS/114550/2016 under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e memo dated 26.08.2016 bearing the endorsement ACCOUNT CLOSED . That such fact of dishonour of the cheque had been communicated to the accused persons by the complainant vide legal notice dated 08.09.2016 which was dispatched on the same date. However in spite of service accused persons have failed and/or neglected to make payment of the said sum of money within the stipulated period. A copy of the petition of complaint as filed by the opposite party herein annexed and marked P-1 . Upon filing of the case by the complainant, the learned Chief Metropolitan Magistrate, Calcutta was pleased to take cognizance of the offence through order dated 25.10.2016 and was further pleased to transfer the records to the Court of the leaned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 202 of the Code of Criminal Procedure as the petitioner is a resident of Delhi and the said place is lying outside the territorial jurisdiction of the Court of the learned Chief Metropolitan Magistrate, Calcutta. It is further submitted by the petitioner that mere mentioning of the residential address will not relax the duty and responsibility of the learned Magistrate who issued the process to compulsory enquire as per the mandatory provision laid down in Section 202 of the Code of Criminal Procedure. The amended Section 202 of the Code of Criminal Procedure denotes that any Magistrate on receipt of a complaint shall, in cases where the accused is residing at a place beyond the area in which he exercises his jurisdiction, shall po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Case No. CS-114550/16 Order No.1 Dated 25.10.2016 Complaint filed documents by the complainant seeking prosecution of accused u/s. 138/141 of the Negotiable Instrument Act. Considered. Cognizance is taken. Let the record be transferred to the file of Ld. Metropolitan Magistrate 6th Court for enquiry and disposal according to law. Dictated. Sd/- Chief Metropolitan Magistrate Calcutta Dated 24.02.2016 Today is fixed for 200 Cr.P.C. Complainant is present and files an affidavit along with documents u/s. 138 of Negotiable Instrument Act. Perused the same. It appears to me that complainant has been able to establish prima facie case for offence ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een made over to him under Section 192, may, if he thinks fit, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,-- (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Code. Section 145 (2) of the Act enables the court to summon and examine any person giving evidence on affidavit as to the facts contained therein, on an application of the prosecution or the accused. It is contended by the learned Amici Curiae that though there is no specific provision permitting the examination of witnesses on affidavit, Section 145 permits the complainant to be examined by way of an affidavit for the purpose of inquiry under Section 202. He suggested that Section 202 (2) should be read along with Section 145 and in respect of complaints under Section 138, the examination of witnesses also should be permitted on affidavit. Only in exceptional cases, the Magistrate may examine the witnesses personally. Section 145 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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