VIMAL POWERLOOM Vs. RAVI AGENCY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal. The petition is filed to challenge the order of issue process made by Judicial Magistrate, First Class, Aurangabad in S.C.C. No. 4177/12. The challenge is made on the ground that the J.M.F.C. has not followed the procedure laid down in section 202 of Criminal Procedure Code (as amended in the year 2006). This Court was taken through copy of complaint which is filed by respondent for offence under section 138 of Negotiable Instruments Act. This Court was taken through copy of verification of complainant and the order made by J.M.F.C. The order dated 9.10.2012 shows that on the basis of this verification and on the basis of the documents produced by the complainant, the J.M.F.C. made the order of issue process, summons.

(2.) It was submitted for the accused/petitioner that no inquiry or investigation as required in amended provision of section 202 of Cr.P.C. is made by the J.M.F.C. He relied on some reported cases, which include the case National Bank of Oman v. Barakara Abdul Aziz, 2013 2 SCC 488. He has relied on some orders made by this Court also in respect of amended provision of section 202 of Cr.P.C. Almost all the Courts have held that the provision of section 202 of Cr.P.C. as amended is mandatory in nature.

(3.) The learned counsel for the petitioner submitted that as there was difference of opinion, this point is referred by one Court to larger bench. A copy of order made by larger bench of this Court in Criminal Application No. 1344/2010 dated 17.9.2010 [Bansilal S. Kabra v. Global Trade Finance Ltd. and Anr.] (Principal Bench) is produced. Following order is made by the larger bench.