Section 202 inquiry in cheque dishonour complaints is not always mandatory where the Magistrate has applied mind to the complaint.

In a complaint under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate's failure to conduct a separate inquiry under Section 202 of the Code of Criminal Procedure, 1973 did not automatically vitiate issuance of process against an accused residing beyond jurisdiction. The Court held that, where the Magistrate applies mind to the complaint, verification, and supporting documents, the limited scrutiny required at that stage is sufficient and a further inquiry is not invariably mandatory. On that basis, the process order was upheld and the writ challenge failed.

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Issues: Whether, in a complaint under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate was bound to conduct an inquiry under Section 202 of the Code of Criminal Procedure, 1973 before issuing process against an residing beyond jurisdiction.

Analysis: The Court noted that the object of Section 200 of the Code of Criminal Procedure, 1973 is to ascertain whether sufficient ground exists for issuing process, and that Section 202, as amended, requires inquiry before summoning an accused residing beyond jurisdiction. However, relying on earlier decisions, the Court held that in complaints under Section 138 of the Negotiable Instruments Act, 1881, the inquiry under Section 202 is not invariably mandatory. The scope of scrutiny in such matters is limited to the complaint, verification, and supporting documents, and where the Magistrate applies mind to that material, issuance of process is not vitiated by absence of a separate inquiry.

Conclusion: The requirement of inquiry under Section 202 of the Code of Criminal Procedure, 1973 was held not to be mandatory in the present complaint, and the issuance of process was upheld.

Final Conclusion: The challenge to the order issuing process failed, and the writ petition was dismissed.

Ratio Decidendi: In a prosecution under Section 138 of the Negotiable Instruments Act, 1881, non-compliance with Section 202 of the Code of Criminal Procedure, 1973 does not automatically invalidate issuance of process where the Magistrate has applied mind to the complaint and supporting material.

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