BHAGWATI SHARANA DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition has been filed under Sec. 482 CrPC for quashing summoning order dtd. 2/12/2015 passed by Additional Chief Judicial Magistrate, Court No.2, Lakhimpur Kheri and order dtd. 15/5/2019 under Sec. 82 and 83 CrPC

(2.) Heard learned counsel for the petitioner, Mr. Surya Prakash, learned counsel for the complainant and Mr. Anurag Verma, learned A.G.A. for the State.

(3.) Learned counsel for the petitioner submits that a complaint under Sec. 138 Negotiable Instruments Act (in short, Act) has been filed by the complainant and thereupon, after examination of the complainant under Sec. 200 CrPC, the impugned summoning order has been passed. It is submitted that after amendment in the year 2005 in Sec. 202 CrPC, it is mandatory on the part of the Magistrate to conduct an enquiry under Sec. 202 CrPC before issue of process, however, in spite of the fact that the accused resides beyond territorial jurisdiction of the court, it was not so done by the learned Magistrate while passing the impugned order of summoning.