Shiv Narayan Dhingra, J.

1. This revision petition under Section 397 Cr.P.C has been preferred by the petitioner against an order dated 9th October 2009 passed by learned MM in complaint case number 108 of 2008.

2. A complaint was filed against the petitioner who is a resident of Noida adjoining Delhi falling in U.P under Sections 420/406/120B IPC and the learned MM after recording pre-summoning evidence and appreciating documents filed by the complainant came to conclusion that the petitioner and his co-accused entered into a criminal conspiracy and cheated complainant company of several crore of rupees. The learned MM summoned the petitioner and other co-accused under Section 420 IPC.

3. The only ground pressed during arguments of this petition assailing order of learned MM is that the order was bad in law in view of the fact that the trial court failed to comply with the provisions of Section 202 Cr.P.C whereunder the trial court was supposed to postpone the issue of process and was to conduct an inquiry either himself or direct investigation to be made by the police officials into the allegations since the accused was residing at a place beyond the area in which the trial court ha