9911796707
TMI Blog2011 (11) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, cannot be countenanced. The same is therefore, quashed and set aside. 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 complainant shall appear before the learned JMFC and Special Court u/s 138, on 5th December, 2011. The petition is allowed accordingly. - CRIMINAL WRIT PETTION NO. 138/2011 - - - Dated:- 21-11-2011 - A.P.BHANGALE , J. Mr. Sunil Manohar, Sr.Adv.with Mr Rohit Joshi, Advocate for the petitioner Mr. S.V.Sirpurkar, Adv., Mr. A.S. Sonare, APP for the Respondent JUDGMENT A.P. Bhangale, J. By consent of respective counsel, the matter is taken up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trate to conduct an enquiry under section 202 of the Cr.P.C. And to consider the sworn statements of the witnesses at the stage of taking cognizance. It became mandatory particularly when the accused are resident of a place beyond the local limits of the area in which the learned trial Magistrate is exercising his jurisdiction. The ruling is also followed in S.C. Mathur (Capt) and Another vs. Electronic Lab. Others reported in 2010 (2) Bom. C.R. (Cri) 385 . This Court held with reference to the ruling in K.T. Joseph vs. State of Kerala (supra) that the view of the Supreme Court is binding upon this Court and the said decision cannot be brushed aside against the accused who are the residents beyond the place in which the Magistrate concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appears, was not brought to the notice of this Court in Sau.Sangita's case ( supra) regarding amendment made in Section 202 Cr.P.C. for postponement of issuance of process particularly when accused are resident of a place beyond the local limits of the jurisdiction of the Magistrate concerned. 6. Coming back to the facts of the present case, it cannot be disputed that the complaint was lodged in the Court of learned JMFC and Special Court under section 138 of the N.I. Act at Nagpur, whereas all the accused described in the complaint appears to have their residence at addresses in Mumbai. Under these circumstances, prima facie, it appears that the learned trial Magistrate ought to have postponed the issuance of process in view of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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