Subrata Talukdar, J.—A common point is involved for adjudication in this batch of applications and both the parties, i.e. petitioner and complainant-Opposite Party2 are common to each of the petitions.

2. The common point of law is whether in a proceeding under Section 138 of Negotiable Instruments Act, 1881 (for short NI Act) before the Ld. Magistrate, the provisions of Section 202 CrPC are required to be mandatorily complied with or not and the manner of such compliance in the event the accused person is shown to be resident of a place beyond the territorial jurisdiction of the Ld. Magistrate.

3. In this batch of petitions dishonour of cheque has been alleged against the petitioner-accused by the OP2-complainant in the discharge of a legally enforceable debt or liability and, admittedly the petitioner-accused was the Managing Director of the firm at the relevant point of time when the offence was allegedly committed having his office or place of business within the jurisdiction of the Ld. Magistrate at Kolkata. However, during the pendency of the proceeding the petitioner-accused claimed to be a resident of Ahmedabad in the State of Gujarat and therefore Ld. Counsel for the