https://www.taxtmi.com/caselaws?id=296356 In a prosecution under Section 138 of the Negotiable Instruments Act, the Magistrate is not required to hold a separate inquiry under Section 202(1) CrPC in every case before issuing process, even where the accused resides outside territorial jurisdiction. Where the complaint is supported by the cheque, dishonour memo, statutory notice, proof of service, and the complainant's affidavit, those materials may be sufficient for cognizance and pre-summoning process. The inquiry under Section 202(1) is limited to determining whether sufficient grounds exist to proceed, and the earlier contrary view was treated as no longer good law. en-us Wed, 27 Aug 2014 00:00:00 +0530 Fri, 23 Jul 2021 09:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=296356 In a prosecution under Section 138 of the Negotiable Instruments Act, the Magistrate is not required to hold a separate inquiry under Section 202(1) CrPC in every case before issuing process, even where the accused resides outside territorial jurisdiction. Where the complaint is supported by the cheque, dishonour memo, statutory notice, proof of service, and the complainant's affidavit, those materials may be sufficient for cognizance and pre-summoning process. The inquiry under Section 202(1) is limited to determining whether sufficient grounds exist to proceed, and the earlier contrary view was treated as no longer good law. Case-Laws Indian Laws Wed, 27 Aug 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=296356