https://www.taxtmi.com/caselaws?id=352509 An inquiry under Section 202 of the Code of Criminal Procedure, 1973 is not mandatory before issuance of process in every complaint under Section 138 of the Negotiable Instruments Act, even where the accused resides beyond the trial court's territorial jurisdiction. The court distinguished authorities arising under the Indian Penal Code and held that the object and scheme of the Negotiable Instruments Act would be undermined if such inquiry were treated as compulsory in cheque dishonour cases. Process may therefore be issued on a prima facie assessment of the complaint, verification statement and accompanying documents. en-us Wed, 06 Dec 2017 00:00:00 +0530 Sat, 16 Dec 2017 10:31:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=352509 An inquiry under Section 202 of the Code of Criminal Procedure, 1973 is not mandatory before issuance of process in every complaint under Section 138 of the Negotiable Instruments Act, even where the accused resides beyond the trial court's territorial jurisdiction. The court distinguished authorities arising under the Indian Penal Code and held that the object and scheme of the Negotiable Instruments Act would be undermined if such inquiry were treated as compulsory in cheque dishonour cases. Process may therefore be issued on a prima facie assessment of the complaint, verification statement and accompanying documents. Case-Laws Indian Laws Wed, 06 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=352509