Mandatory inquiry before summons to out-of-jurisdiction accused under section 202 cannot be bypassed in cheque dishonour complaints.

In a complaint under section 138 of the Negotiable Instruments Act against accused residing beyond the Magistrate's local jurisdiction, section 202 of the Code of Criminal Procedure requires postponement of process and an inquiry before issuing summons. Where the Magistrate issued process only on the complaint, verification and documents, without conducting the mandatory inquiry, the process was legally unsustainable. The order issuing process was quashed and the complaint was remitted for fresh consideration in accordance with section 202.

---

---

Issues: Whether process issued in a complaint under section 138 of the Negotiable Instruments Act was unsustainable for non-compliance with the mandatory inquiry requirement under section 202 of the Code of Criminal Procedure, 1973 when the accused resided beyond the local jurisdiction of the Magistrate.

Analysis: The complaint was filed before the Magistrate at Nagpur, while the accused were shown as residents of Mumbai, i.e. beyond the local limits of the Magistrate's jurisdiction. In such a situation, after the amendment to section 202 of the Code of Criminal Procedure, 1973, postponement of issuance of process and inquiry before summons became mandatory. The Magistrate, having issued process only on the basis of the complaint, verification, and documents, failed to follow the statutory requirement applicable to cases where the accused are outside jurisdiction.

Conclusion: The order issuing process was unsustainable and was quashed. The complaint was remitted for exercise of discretion in accordance with section 202 of the Code of Criminal Procedure, 1973.

---