GOVINDER R CHORDIA Vs. SHANTI LAL P

JUDGEMENT

(1.) THIS petitioner has been filed to quash the proceedings in C.C.No.4980 of 2010, pending on the file of the Court of VII Metropolitan Magistrate, George Town, Chennai.

(2.) THE learned counsel for the petitioner submitted that the accused in this case is a resident of Bangalore and the complaint is filed against him in Chennai and as such, the learned Magistrate ought to have followed the mandatory procedure contemplated under Section 202 Cr.P.C. As per the amended provision under Section 202 Cr.P.C., the learned Magistrate ought to have enquired the case himself or directed an investigation to be made by a police officer or by such person as he think fit for the purpose of deciding whether or not there is sufficient ground for proceeding against the company. THE learned Magistrate by failing to postpone the issue of process and by not holding any enquiry has violated the provision under Section 202 Cr.P.C.

(3.) THIS Court considered the submissions made by the petitioner and perused the records. Section 202(i) Cr.P.C., reads as follows: