RAJKUMAR HARWANI Vs. SAGAR S/O. MOHANDAS TOLWANI

JUDGEMENT

(1.) The petition is filed for quashing the order of issue process made in S.C.C. No. 5520/2010 by 7th Judicial Magistrate, First Class, Aurangabad. In a private complaint filed by respondent No. 1 for the offence punishable under section 138 of the Negotiable Instruments Act, the order under challenge is made. Both the sides are heard.

(2.) The order is challenged only on one ground viz. non compliance of the provision of section 202 (1) of Criminal Procedure Code. The J.M.F.C. has issued process after examining the complainant under section 200 of Cr.P.C. and order of issue process is made on the basis of this examination and the relevant documents filed by the complainant.

(3.) By way of amendment which came into effect from 23.6.2006 underlined portion came to be added in section 202 (1) of Cr.P.C. :-