Section 202 inquiry in cheque dishonour complaints is directory; omission does not by itself vitiate process if mind is applied.

In complaints under section 138 of the Negotiable Instruments Act, the amended requirement of inquiry under section 202(1) of the Code of Criminal Procedure is directory rather than mandatory when the accused resides outside jurisdiction. The Magistrate may rely on the complaint, the complainant's examination under section 200, and supporting material, especially given the summary and expeditious scheme of the special statute. Omission to hold a further inquiry does not by itself vitiate issuance of process if the Magistrate has applied mind to the material before taking cognizance.

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Issues: Whether the amended requirement in section 202(1) of the Code of Criminal Procedure, 1973 is mandatory in a complaint under section 138 of the Negotiable Instruments Act, 1881 when the accused resides outside the territorial jurisdiction of the Magistrate, and whether non-compliance vitiates the issuance of process.

Analysis: The amended words in section 202(1) were intended to prevent mechanical issuance of process and to ensure application of mind where the accused resides beyond jurisdiction. However, in a complaint under section 138 of the Negotiable Instruments Act, the Magistrate already examines the complainant and supporting material under section 200, the complaint is based on a limited statutory framework with presumptions under sections 118 and 139, and the trial is meant to be summary and expeditious under section 143. A further inquiry under section 202 is therefore not required in every such case. The provision must be read in context and harmoniously with the scheme of the special enactment and the Code. Non-compliance does not automatically invalidate the process if the Magistrate has applied his mind to the complaint and supporting material.

Conclusion: The amended section 202(1) is directory, not mandatory, in section 138 complaints, and omission to hold a further inquiry does not by itself vitiate the issuance of process.

Ratio Decidendi: In a complaint under section 138 of the Negotiable Instruments Act, 1881, the amended requirement of inquiry under section 202(1) of the Code of Criminal Procedure, 1973 is not compulsory in every case where the accused resides outside jurisdiction; the Magistrate retains discretion, and non-holding of such inquiry does not invalidate process absent lack of application of mind or prejudice.

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