VIKASH METAL & POWER LTD. Vs. MANGALAM METALS

JUDGEMENT

(1.) HEARD Mr. B.C. Mohanty, learned counsel for the petitioners and Mr. L. Mishra, learned counsel for the Opp. party. In this application under Section 482 Cr.P.C., the petitioners have sought to challenge the order dated 31.10.2009 passed in I.C.C. Case No. 26 of 2009, whereby, the learned J.M.F.C., Barbil has taken cognizance against them under Section 138 of the N.I. Act. Mr. Mohanty, learned counsel for the petitioners submits that even in a proceeding under the N.I. Act, inquiry under Section 202 Cr.P.C. is mandatory. Learned counsel placed reliance on a judgment of this Court in the case of Parshotam Lal Vadera Vrs. Satyanarayan Sadangi, 102 (2006) CLT 530 and in particular, paragraph -15 thereof.

(2.) MR . Mishra, learned counsel for the Opp. Party while not contesting the mandatory nature of the inquiry required to be undertaken under Section 202 Cr.P.C., submits that the nature of inquiry contemplated thereunder has been examined by the Delhi High Court in the case of Abhishek Agrawalla Vrs. Boortmalt NV and Another, 2011 (122) DRJ 421 and in paragraphs -8 and 9 of the said judgment, it has been held as follows:

(3.) IN the present case, the learned Magistrate has dealt with the facts of the case in detail and I find no justifiable ground whatsoever to interfere with the impugned order of cognizance.