PAWAN KUMAR AGARW Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These bunches of criminal revisions have been assigned by the Hon'ble Chief Justice for determination of a common question as to whether an inquiry under Sec. 202 of the Code of Criminal Procedure is mandatory before issuance of process in a complaint under Sec. 138 read with Sec. 141 of the Negotiable Instruments Act when the accused resides outside the territorial jurisdiction of the learned Chief Judicial Magistrate at Kolkata.

(2.) The following are the facts of the case:-

(3.) The opposite party No.2 as complainant filed a complaint under Sec. 138/141 of the Negotiable Instruments Act alleging, inter alia, that in discharge of existing date and liability the accused No.2 to 4 issued two account payee cheques being No.045737 dtd. 1/6/2011 and 045738 dtd. 16/6/2011 for Rs.65.00 lakhs each, total being Rs.1,30,00,000.00 drawn on Punjab and Sind Bank, 8 Old Court House Street, Kol-700001. The complainant/company deposited the said cheques to its banker within its validity period on 21/6/2011. However, the said cheques were dishonoured on the ground that payments were stopped by the drawer. Dishonour of cheque was followed by a demand notice issued by the complainant/company requiring the petitioner and others to repay the cheque amount within statutory period of time. As the accused persons failed to make payment of the said sum, the petitioner/company lodged the aforesaid complaint before the learned Chief Metropolitan Magistrate, Kolkata. The Chief Metropolitan Magistrate transferred the case to the Metropolitan Magistrate, 16th Court, Kolkata who issued process against the accused persons under Sec. 200 of the Cr.P.C without making any inquiry under Sec. 202 of the Cr.P.C though the petitioner is a permanent resident of Ahmedabad in the State of Gujarat.