R.RADHA Vs. MADHAN RAJ

JUDGEMENT

(1.) The respondent herein has preferred a batch of private complaints against the petitioner herein for the offence under Sec. 138 of Negotiable Instruments Act, 1881 for issuance of cheques to discharge of enforceable liability, but without adequate fund in the account. The complaints were taken on file by the Judicial Magistrate No.V, Salem and issued process to the accused person. After examination of the accused, the trial has commenced.

(2.) At this juncture, the petitioner/accused has filed the present petitions under Sec. 482 of Cr.P.C., to quash the complaints on the ground that the issuance of process to the accused/petitioner is in contradiction to Sec. 202(1) of Cr.P.C and therefore, due to irregularity in the procedure the trial get vitiated under Sec. 461 of Cr.P.C.

(3.) The sum and substance of the argument made by the learned Senior Counsel Mr.N.Jothi appearing for the petitioner/accused is that Sec. 202(1) of Cr.P.C., was amended with effect from 23/6/2006 by inserting a mandate to the effect that if the accused is residing beyond the territorial jurisdiction of the Court, which take cognizance of the offence the issuance of process should be postponed till the Court enquiry the case itself or direct an investigation to be made by the Police Officer, for the purpose of deciding whether or not there is sufficient ground for proceeding.