https://www.taxtmi.com/caselaws?id=430653 When the accused resides outside the Magistrate's territorial jurisdiction, the inquiry under Section 202 CrPC is mandatory, but it is not confined to any rigid form. The Magistrate may rely on the complaint, cheque, return memo, notice, acknowledgment, and other supporting material, including an affidavit filed with the complaint, to decide whether a prima facie case exists. An affidavit sworn before a notary public is permissible material for this purpose under the CrPC and the Negotiable Instruments Act. The process order was therefore sustained because the record showed due application of mind and compliance with the mandatory inquiry requirement. en-us Wed, 09 Nov 2022 00:00:00 +0530 Thu, 24 Nov 2022 10:37:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=430653 When the accused resides outside the Magistrate's territorial jurisdiction, the inquiry under Section 202 CrPC is mandatory, but it is not confined to any rigid form. The Magistrate may rely on the complaint, cheque, return memo, notice, acknowledgment, and other supporting material, including an affidavit filed with the complaint, to decide whether a prima facie case exists. An affidavit sworn before a notary public is permissible material for this purpose under the CrPC and the Negotiable Instruments Act. The process order was therefore sustained because the record showed due application of mind and compliance with the mandatory inquiry requirement. Case-Laws Indian Laws Wed, 09 Nov 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=430653