Section 202 inquiry in cheque dishonour complaints is not mandatory where the complaint and supporting documents disclose a prima facie case.

Amended Section 202(1) of the Code of Criminal Procedure does not require quashing of process in a Section 138 Negotiable Instruments Act complaint merely because the accused resides outside the Magistrate's territorial jurisdiction. Where the complaint is supported by the cheque-related documents, the complainant's sworn statement is recorded, and the Magistrate is satisfied that a prima facie case exists, immediate issuance of summons remains permissible. The inquiry requirement applies in appropriate cases where assistance is needed to decide whether sufficient ground exists to proceed, but it is not a bar to process when the material before the court already discloses the foundation of the prosecution.

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Issues: Whether the amended Section 202(1) of the Code of Criminal Procedure mandates an inquiry before issuance of process in a complaint under Section 138 of the Negotiable Instruments Act when the accused resides outside the territorial jurisdiction of the Magistrate, and whether the complaint proceedings were liable to be quashed.

Analysis: The complaint was accompanied by the cheque-related materials required in a prosecution under Section 138 of the Negotiable Instruments Act, and the Magistrate had recorded the complainant's sworn statement, perused the complaint and supporting documents, and found a prima facie case to issue summons. Section 202(1) requires postponement of process and inquiry in appropriate cases where the accused resides beyond jurisdiction, but the requirement is directed at cases where the Magistrate needs assistance to determine whether sufficient ground exists for proceeding. In a prosecution under Section 138, the factual foundation is ordinarily established through the complaint and the accompanying documents, and once a prima facie case is disclosed, immediate issuance of process is permissible.

Conclusion: The amended Section 202(1) was held not to require quashing of the proceedings in this Section 138 complaint, since the Magistrate had already found a prima facie case on the material placed before the court.

Ratio Decidendi: In a complaint under Section 138 of the Negotiable Instruments Act, where the complaint and accompanying documents disclose a prima facie case and the Magistrate is satisfied on the complainant's sworn statement, issuance of process is not invalid merely because the accused resides outside jurisdiction.

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