Section 202 crpc.
p. chatterjee
(Querist) 10 April 2013
This query is : Resolved
Whether a complaint u/s 138/141 of the Negotiable Instrument Act, can be quashed by the high court, if the Magistrate has not conducted any inquiry under section 202 CRPC, before issuing process against the Accused persons who are permanent residents of the jurisdiction beyond the local limits of the court of Magistrate? If so pls let me have any reference of the Apex Court's Judgement.
Thanks
ajay sethi
(Expert) 10 April 2013
what are facts of your case? on what basis complaint has been file ? what are averments made as to jurisdiction ?
Raj Kumar Makkad
(Expert) 10 April 2013
There is no requirement to send the complaint under section 138 NI Act to the police for investigation. This is a special law and according to which the court is required to issue notice to the accused person if it is prima-facie satisfy with the commission of the offence under this section.
There are no chances to get such complaint quashed at this stage from High Court.
