SHIVSHANKAR SHRIKRUSHNA DHOLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) By this Writ petition, the petitioner (original accused) in a Complaint filed by respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881, has approached this Court, seeking quashing and setting aside of order passed by the Sessions Court and also an order passed by the Court of Judicial Magistrate First Class, Akola, whereby process was issued in the Complaint filed by respondent No.2.

(3.) The short point raised in the present Petition is that the process could not have been issued by order dated 14/06/2017, by the Court of Judicial Magistrate First Class, Court No.10, Akola, for the reason that mandatory requirement under Section 202 of the Criminal Procedure Code (Cr.P.C.) was not complied with. It is contended on behalf of the petitioner that the aforesaid provision was required to be complied with for the reason that the petitioner is a resident of a place outside the jurisdiction of the Magistrate.