9911796707
TMI Blog2007 (12) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... strate has not followed the mandatory provisions contained in the Amended Section 202(1) of the Code of Criminal Procedure viz., that the Court shall enquire into the case for the purpose of deciding if there is sufficient ground for proceeding against the accused who is residing outside the area over which the Court exercises jurisdiction had not been complied with. 2. The learned Counsel appearing for the petitioner invited the attention of this Court to the Amended Section 202 (1) of the Cr.P.C. which reads as follows: 202. Postponement of issue of process.--(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that it was only to protect the persons residing at far off places from harassment, Parliament in its wisdom had introduced such an amendment, making it obligatory for the Magistrate to conduct an enquiry in a private complaint filed against the accused residing outside the area over which the court exercises jurisdiction. Therefore, the learned Counsel submitted that the order of the learned Magistrate taking the case on file by issuance of process to the accused / petitioner herein is illegal and is liable to be quashed. 4. I have carefully considered the above said submission made by the learned Counsel appearing for the petitioner. 5. In this case the Docket Order dated 24.08.2007 made by the learned Magistrate reads as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e court is satisfied with the statement made by the complainant alone. If such witnesses are not kept present by the complainant and the court is satisfied with the statement of the complainant alone, it can straightway issue process. 7. If in the light of the above said observations regarding the scope of Section 200 Cr.P.C., the docket order of the learned Magistrate is considered, it could be seen that the learned Magistrate has recorded the sworn statement of the complainant, pursued the complaint and the documents accompanying the complaint and after being prima facie satisfied that a case under Section 138 of the Negotiable Instruments Act has been made out against the accused, the learned Magistrate had ordered issuance of summons t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... complainant is thus to separate the chaff form the grain and issue process in respect of the offence for which prima facie case is made out. If there is no prima facie case or there is no evidence that the accused had committed the offence, Section 200, Cr.P.C. comes into play and the Magistrate has to dismiss the complaint, the new amended provision has been introduced to avoid entertaining of false complaint filed against persons residing at far off places simply to harass them. In order to see that innocent persons are not harassed by unscrupulous persons new provision has been incorporated to make it obligatory upon the Magistrate that before summoning the accused who is residing beyond his jurisdiction, the Magistrate shall enquire in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot normally happen. Therefore, in my considered view the amended provision contained under Section 202(1) of the Cr.P.C. may not apply in respect of cases filed for an offence under Section 138 of the Negotiable Instruments Act. 12. In other type of complaints, there may be mere allegations in the complaint and such complaints may not be accompanied with any supporting documents and such complaints may be filed against persons living beyond the jurisdiction of the Court before which the complaint is filed and in such cases, there may be possibility of unscrupulous persons filing false complaint against innocent persons and therefore in such cases for finding out whether or not there is sufficient ground for proceedings against the accused, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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