Section 202 inquiry in cheque dishonour complaints may rest on affidavits and documents before process is issued.

In cheque dishonour complaints under Section 138 read with Section 141 of the Negotiable Instruments Act, the Magistrate must conduct the Section 202 CrPC inquiry before issuing process where the accused resides beyond jurisdiction, but that inquiry may rest on the complaint, affidavit evidence under Section 145, and supporting documents to see only whether sufficient ground exists to proceed. The process order is not invalid merely because the Magistrate did not use the express words of Section 202, if the materials show application of mind and prima facie satisfaction. The revisional challenge to the summons orders was therefore rejected and the process was sustained.

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Issues: (i) Whether, in complaints under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, the Magistrate was required to conduct an inquiry under Section 202 of the Code of Criminal Procedure before issuing process when the accused was said to reside outside jurisdiction. (ii) Whether the impugned orders issuing process were vitiated for non-compliance with Section 202 of the Code of Criminal Procedure.

Issue (i): Whether, in complaints under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, the Magistrate was required to conduct an inquiry under Section 202 of the Code of Criminal Procedure before issuing process when the accused was said to reside outside jurisdiction.

Analysis: Section 202 makes postponement of process mandatory where the accused resides beyond the territorial jurisdiction of the Magistrate. In cheque dishonour complaints, the inquiry may proceed on the complainant's affidavit and accompanying documents, and the Magistrate is concerned only with whether sufficient ground exists for proceeding. The materials before the Magistrate, including the complaint, affidavit under Section 145 of the Negotiable Instruments Act, 1881, and documents, were treated as sufficient for this limited scrutiny. The legal requirement is not an elaborate trial but a prima facie assessment before summons.

Conclusion: Yes. An inquiry under Section 202 of the Code of Criminal Procedure is mandatory in such a case, but it may be conducted on affidavit and documentary material.

Issue (ii): Whether the impugned orders issuing process were vitiated for non-compliance with Section 202 of the Code of Criminal Procedure.

Analysis: The complaints did not disclose at the relevant stage that the accused resided outside jurisdiction, and the Magistrate considered the complaint, the affidavit evidence, and the documents before issuing process. The orders thus reflected application of mind and prima facie satisfaction to proceed. The absence of express recital of the words of Section 202 was treated as a technical omission and not enough to invalidate the process orders.

Conclusion: No. The orders issuing process were not vitiated for want of compliance with Section 202.

Final Conclusion: The revisional challenge to the issuance of process in the cheque dishonour complaints failed, and the impugned process orders were sustained.

Ratio Decidendi: In a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, where the accused resides beyond jurisdiction, the Magistrate must undertake the Section 202 inquiry before issuing process, but compliance may be satisfied by considering the complaint, affidavit evidence, and documents to determine only whether sufficient ground exists to proceed.

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