2007 (12) TMI 516 - HC - Indian Laws

Summary

Issues Involved:
1. Interpretation of Amended Section 202(1) of the Code of Criminal Procedure regarding proceedings against accused residing outside the jurisdiction of the Court.

The judgment addressed the petitioner's request to quash further proceedings in S.T.C. No. 1079 of 2007 under Section 138 of the Negotiable Instruments Act, citing non-compliance with the mandatory provisions of Amended Section 202(1) of the Cr.P.C. The petitioner argued that the accused residing in Madurai while the complaint was filed in Salem necessitated adherence to the amended provision, emphasizing the protection against false complaints for persons residing far away. The Court examined the legislative intent behind the amendment to prevent harassment of innocent individuals and concluded that the Magistrate need not postpone issuing process if the complaint and examination prima facie establish an offense, even if the accused resides outside the jurisdiction.

2. Application of Section 200 Cr.P.C. in conjunction with Section 202(1) for cases under Section 138 of the Negotiable Instruments Act.

The judgment referred to the necessity of examining the complainant and witnesses under Section 200 Cr.P.C. to prevent frivolous accusations and ensure a fair inquiry before issuing process. It highlighted that the purpose of examining the complainant is to distinguish genuine cases from false complaints, emphasizing the need for a prima facie case to proceed. The Court noted that for cases under Section 138 of the Negotiable Instruments Act, where legal requirements and supporting documents are essential, the amended provision of Section 202(1) may not be applicable due to the specific nature of such complaints.

3. Distinction between cases requiring investigation under Section 202(1) and those not necessitating the same.

The judgment differentiated between cases involving mere allegations without supporting documents, where the accused resides beyond the court's jurisdiction, and cases like those under Section 138 of the Negotiable Instruments Act, which demand fulfillment of legal requirements and prima facie evidence before issuing process. It emphasized the obligation of the Court to investigate cases where false complaints against innocent individuals are likely, underscoring the specific application of Section 202(1) based on the nature of the complaint.

In conclusion, the Court dismissed the criminal original petition, stating that the allegations in the complaint prima facie indicated an offense under Section 138 of the Negotiable Instruments Act, thereby rejecting the petitioner's contentions and upholding the proceedings in S.T.C. No. 1079 of 2007.