2018 (8) TMI 706

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....an amount of Rs. 55,00,000/-, and another cheque for an amount of Rs. 5,25,000/-. The said cheques were deposited on 29th July, 2015. The cheques were dishonoured. The complainant forwarded notice of demand. However, the amount was not returned, and, hence, the complaint was filed on 9th October, 2015. 3. The Court of Judicial Magistrate, First Class, Solapur, issued process against the accused for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, by order dated 19th January, 2016. 4. The only ground which is raised challenging the issuing process by the petitioner is that the trial Court had taken cognizance of the complaint without taking recourse to inquiry under Section 202 of the Code of Criminal Proce....

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....urt: (i) Dr.(Mrs.) Rajul Ketan Raj Vs. Reliance Capital Ltd. & Anr.2016 SCC OnLine Bom 1076, decided on 12.02.2016; (ii) Vijay Tata Ravipati Vs. Mediascope Punlicitas (India) Pvt. Ltd. & Anr. 2017 0 Supreme (Mah) 1608, decided on 13.10.2017 8. In the case of Dr.(Mrs.) Rajul Ketan Raj (Supra), this Court after taking into consideration several decisions, has taken a view that it is not mandatory to hold the inquiry contemplated under Section 202 of Cr.P.C. The said view was accepted by me in the decision in the case of Vijay Tata Ravipati (Supra), which is relied upon by the learned counsel for the respondents. In the case of Dr.(Mrs.) Rajul Ketan Raj (Supra), this Court has taken note of decision in the case of Netcore Solutions Pvt. Ltd....

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....d residing beyond his jurisdiction he shall enquire into the case himself or direct investigation to be made by a police officer or such other person as he thinks fit, for finding out whether or not there is sufficient ground to proceed against the accused. The object of such inquiry is to ensure that innocent persons residing beyond the jurisdiction of the Magistrate are not harassed by unscrupulous persons by filing false or vexatious complaints. It casts a duty on the Magistrate to arrive at a prima facie satisfaction whether or not there is sufficient ground to proceed against the accused residing beyond jurisdiction of the Court. In the case of Bansilal S. Kabra Vs. Global Trade Finances Ltd. 2010 ALL MR (Cri) 3168, while considering t....