K K ENTERPRISE Vs. NIRMAL UDYOG OFFICE

JUDGEMENT

(1.) This application is filed challenging the order dated 6th October, 2006 passed by the Judicial Magistrate First Class, 20th Court, Corporation Court No. 1, Nagpur in Criminal Complaint Case No. 15808/2006. 2. The nonapplicant herein filed Criminal Complaint Case No. 15808/2006 before the Judicial Magistrate, First Class, 20th Court, Corporation Court No. 1, Nagpur against the present applicant. On said complaint the Judicial Magistrate, First Class, 20th Court, Corporation Court No. 1, Nagpur passed order on 6th October, 2006 issuing process under section 138 of the Negotiable Instruments Act, 1881 against the applicant. Hence, this criminal application challenging the order dated 6102006 passed by the Judicial Magistrate First Class, 20th Court, Corporation Court No. 1, Nagpur in Criminal Complaint Case No. 15808/2006.

(2.) The learned Counsel appearing for the applicant submitted that the impugned order is not sustainable since the said order is not passed by the Magistrate after following the provisions of section 200 of the Criminal Procedure Code. The learned Counsel further submitted before issuing the process it was necessary for the Magistrate to examine the complainant on oath and then only take the cognizance of the offence and issue process.

(3.) The learned Counsel for applicant invited my attention to the reported case in Maharaja Developers & another Vs. Udaysing s/o Pratapsinghrao Bhonsle and another, 2007 2 BCR(Cri) 630 and submitted that the point raised in this application is no more res Integra and same has been settled by this Court. The learned Counsel for the applicant invited my attention to para 27 of the said judgment and submitted that it is mandatory for the Magistrate to examine the complainant on oath before issuing the process. Therefore, learned Counsel has submitted that this application deserves to be allowed.