DAMODAR PRASAD MAHESHWARI (SOMANI) Vs. SAGAR ONKARDAS NYATI

JUDGEMENT

(1.) Heard learned counsel for the applicants, learned counsel for respondent No.1 and learned A.P.P. for respondent No.2/State finally.

(2.) In this matter, the respondent No.1- complainant filed R.C.C. No.239/2012 against the present applicants (original accused Nos.1 and 3). The Chief Judicial Magistrate, Jalgaon did not issue process against accused No.2 Mrs. Trivenidevi observing that her contribution behind this offence is not well founded and she could not be arrayed as accused. Against the order of issue of process against applicants, the present application has been filed.

(3.) Learned counsel for the applicants is relying on the case of National Bank of Oman Vs. Barakara Abdul Aziz & anr., 2013 2 SCC 488. He submits that, perusal of the complaint shows that the accused persons were not residents of the local jurisdiction of the Court and in view of the amendment to Section 202 of the Criminal Procedure Code, 1973 (Cr.P.C. for short), it was incumbent upon the Magistrate to carry out an enquiry himself or direct investigation under Section 202 before issuing process. Relying on the above judgment, learned counsel submitted that, in the present matter also no such procedure was followed and hence, the process issued is not maintainable.