Mandatory pre-process inquiry for out-of-jurisdiction accused requires remittal, not termination, where prima facie forgery and cheating allegations persist.
Mandatory pre-process inquiry for accused residing outside a Magistrate's territorial jurisdiction requires fresh consideration before process issues; where prima facie material supports alleged forgery and cheating, the procedural defect warrants remittal rather than termination of the complaint. Inherent jurisdiction to quash criminal proceedings remains exceptional and is unavailable where evidentiary disputes, including forensic material concerning alteration of a cheque, require further scrutiny. Company officers cannot be prosecuted solely through vicarious liability unless authorised by statute, but allegations of active participation, conspiracy and criminal intent may support their continued inclusion in the complaint.
Issues: (i) Whether the complaint for cheating disclosed a prima facie case warranting refusal to quash the proceedings under the inherent jurisdiction; (ii) Whether non-compliance with the mandatory inquiry requirement before issuing process against accused residing outside the Magistrate's territorial jurisdiction required quashing or remittal; (iii) Whether the complaint lacked specific allegations against the director petitioners so as to preclude their prosecution.
Issue (i): Whether the complaint for cheating disclosed a prima facie case warranting refusal to quash the proceedings under the inherent jurisdiction.
Analysis: Inherent jurisdiction is to be exercised sparingly and only in exceptional cases. Material arising from the related cheque-dishonour proceedings, including the forensic opinion indicating alteration of the cheque date, furnished prima facie support for the allegation that the cheque had been forged and used to institute proceedings. The non-disclosure of these subsequent developments by the petitioners, coupled with the evidentiary dispute requiring trial, prevented a finding that continuation of the cheating complaint was an abuse of process.
Conclusion: The cheating complaint was not liable to be quashed at the threshold.
Issue (ii): Whether non-compliance with the mandatory inquiry requirement before issuing process against accused residing outside the Magistrate's territorial jurisdiction required quashing or remittal.
Analysis: An inquiry or investigation before process is mandatory where the accused reside beyond the Magistrate's territorial jurisdiction. Although that inquiry was not conducted, the complaint could not be treated as disclosing no offence in view of the prima facie material concerning alleged forgery and cheating. The procedural defect therefore required fresh consideration at the pre-process stage rather than termination of the complaint.
Conclusion: The summoning order was set aside and the matter was remitted for compliance with the mandatory inquiry requirement.
Issue (iii): Whether the complaint lacked specific allegations against the director petitioners so as to preclude their prosecution.
Analysis: Criminal liability of company officers cannot rest solely on vicarious liability unless the governing statute so provides; active involvement and criminal intent must be prima facie alleged. The complaint alleged a conspiracy by the accused persons, and the forensic material prima facie supported the accusation of alteration of the cheque and its use in proceedings. The allegations were therefore not wholly devoid of a case against the director petitioners.
Conclusion: There was no basis to exclude the director petitioners from the complaint at the threshold.
Final Conclusion: The complaint remains open for fresh pre-process scrutiny under the mandatory statutory procedure; the available prima facie material does not justify its termination.
Ratio Decidendi: Failure to conduct a mandatory pre-process inquiry for out-of-jurisdiction accused requires remittal rather than quashing where the complaint and attendant material disclose a prima facie criminal case requiring further inquiry.