JUDGMENT

K.L. Wadane, J. - Rule. Rule returnable forthwith. With the consent of the learned counsel for the parties, Petition is taken up for final hearing. Heard learned counsel for the respective parties.

2. The order, passed by the learned Judicial Magistrate, First Class, Ahmednagar, below Exh.1 in Summary Criminal Case No. 414 of 2017, dated 21.1.2017 is challenged in this Writ Petition. By the said order, the process is issued against petitioners for the offence punishable under section 138 of the Negotiable Instruments Act.

3. Brief facts of the case may be stated as follows :

On 17.1.2017, respondent/original complainant had filed Summary Criminal Case No. 414 of 2017 in the Court of learned Judicial Magistrate, First Class, Ahmednagar for the offence punishable under section 138 of the Negotiable Instruments Act. The complainant alleged that he is an automobile engineer having experience of more than 22 years and was doing job as a Managerfleet at Abudhabi (UAE). Accused no.1 is a Registered Company. Accused no.4 is residing at Pune and having friendly relations with the complainant. Respondent no.4 was having knowledge about complainant''s job at Abudhabi and his salary for more than Rs. 3.5 Lakh per month.

4. Complainant further alleged that thereafter accused no.4 met the complainant in the month of June, 2012. Thereafter accused no.4 informed the complainant that he and his 7 partners are developing the properties at Udaipur and Pune and are forming a Company. Thereafter accused nos. 2 to 8 impressed the complainant that they are already getting huge profit from their earlier investments. Therefore, the accused had requested the complainant to join them to develop company business and assured the complainant that they will pay Rs.Two Lakh fees per month minimum in addition to the profit percentage.

5. As per the assurance given by the accused, complainant, his wife and mother have invested an amount of Rs.Fifty Lakh and such amount was transferred through R.T.G.S. from Ahmednagar to the Firm run by accused nos. 3 and 4 in their Bank accounts.

6. Since April, 2013, the complainant has demanded due amount from the accused on many times, but accused did not pay any amount. Thereafter, the accused agreed to pay the said amount and accordingly a cheque for Rs. 1,58,27,634/-, dated 1.10.2016 was given to the complainant. The cheque was deposited in the Bank, however, same was returned unpaid with remark, "funds insufficient" . Hence, according to the complainant, all the accused persons have committed offence punishable under Sections 138 r/w 141 of the Negotiable Instruments Act.

7. Upon presentation of the complaint, after perusal of the verification of the complainant, the learned Magistrate has issued process for the offence punishable under section 138 of the Negotiable Instruments Act.

8. I have heard the arguments of Mr. S.S.Chapalgaonkar, learned counsel appearing for the petitioners/accused and Mr. N.B.Narwade, learned counsel appearing for the respondent/complainant.

9. Mr. Chapalgaonkar, learned counsel while canvassing concentrated his arguments on two points.

(1) All the petitioners are not signatory to the cheque, therefore, the process issued against the accused persons is incorrect.

(2) Since the case is filed by the complainant for the offence punishable under section 138 of the Negotiable Instruments Act and the accused persons are residing outside the jurisdiction of the Criminal Court i.e. beyond the jurisdiction of the learned Judicial Magistrate, First Class, Ahmednagar, it is obligatory on the part of learned Magistrate to make inquiry under Section 202 (1) as per amended provisions of Criminal Procedure Code in the year 2005-06.

10. Learned counsel further argued that it is the allegation of the complainant in the complaint itself that accused nos. 2 and 3 on behalf of accused no.1 Company have signed the cheque. Therefore, rest of the accused persons are not responsible for dishonor of the cheque