Rule. Rule made returnable forthwith and heard finally.

2. The first matter is filed for the relief of setting aside and quashing the order made by the Judicial Magistrate, First Class, Shrirampur on 29.05.2012 in S.T.C. No. 192/2012. The Judicial Magistrate, First Class, Shrirampur has made order of issue process in private complaint filed by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The second matter is filed to challenge the similar order made by the Judicial Magistrate, First Class, Shrirampur in private complaint bearing No. 193/2012 filed by the respondent against the applicants. Both the sides are heard.

3. Learned counsel for the applicants mainly submitted that in view of the amended provisions of Section 202 of Criminal Procedure Code, it was mandatory on the Judicial Magistrate, First Class to refer the matter to the police for the purpose of investigation after postponing the order of issue process or to make an enquiry under Section 202 of the Criminal Procedure Code. He submitted that as per the address of the accused given in the complaint, the accused is shown to be resident of Ganesh Nagar, Ranjangaon, Tq.