2013 (8) TMI 1079

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....P.P. for State JUDGMENT T.V. Nalawade, J. 1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. The petition is filed to challenge the order of issue process made by Judicial Magistrate, First Class, Aurangabad in S.C.C. No. 4177/12. The challenge is made on the ground that the J.M.F.C. has not followed the procedure laid down in section 202 of Crim....

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....rs made by this Court also in respect of amended provision of section 202 of Cr.P.C. Almost all the Courts have held that the provision of section 202 of Cr.P.C. as amended is mandatory in nature. 3. The learned counsel for the petitioner submitted that as there was difference of opinion, this point is referred by one Court to larger bench. A copy of order made by larger bench of this Court in ....

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....C, without following the aforesaid procedure cannot sustain in law. The Magistrate needs to follow the procedure with only object, to ascertain the truth in the allegations made and only prima facie case is required to be made out. The scope of the inquiry under section 202 of Cr.P.C. is very limited. He is also required to keep in mind the relevant provisions of Negotiable Instruments Act like se....