Rule. By consent, Rule made returnable forthwith. The learned counsel for the respondent no. and the learned Additional Public Prosecutor for State, waive service. By consent, heard finally.

2. The petitioners are the accused nos. 2 and 3 respectively, in S.C.C. No. 4173 of 2013 pending before the Judicial Magistrate, First Class at Aurangabad. The case is in respect of offence punishable under section 138 of the Negotiable Instruments Act and arises on a complaint filed by the respondent no. 1 herein.

The petitioners are aggrieved by the order issuing process as passed by the Magistrate and have approached this Hon'ble Court by invoking its constitutional jurisdiction.

3. Two contentions have been raised before me. The first is that since the petitioners are residents of Bangalore i.e. outside the territorial jurisdiction of the learned Magistrate, it was incumbent on the learned Magistrate to have held an inquiry into the matter as contemplated under section 202 of the Code of Criminal Procedure (hereinafter referred to as "the Code") before issuing process against the petitioners and the accused no.1. It is submitted that no such inquiry was actually held by the Magistrat