LAWS(P&H)-2011-12-113

AMANDEEP SINGH Vs. BALWINDER SINGH

Decided On December 23, 2011
AMANDEEP SINGH Appellant
V/S
BALWINDER SINGH Respondents

JUDGEMENT

(1.) THE only grievance in the present petition that the learned Magistrate, while passing the summoning order summoning the accused -petitioner to face trial on a private complaint for an offence punishable under Section 138 of the Negotiable Instruments Act, failed to hold enquiry as contemplated under Section 202 Cr.P.C.

(2.) LEARNED Senior counsel appearing on behalf of the petitioner has placed reliance on the judgment of this Court in the matter of Prem Kaur Vs. Balwinder Kaur reported in, 2009 (2) Crl.CC 490 and in the matter of S.K. Bhownmik Vs. S.K.Arora reported in, 2007 (4) Crl.CC, 839 and has argued that when accused is not residing with the territorial jurisdiction of the Magistrate, Magistrate is bound to hold enquiry or to direct the investigation before issuing the summoning order as contemplated under Section 202 Cr.P.C.