The petitioner in the above Criminal Original Petition is the accused in S.T.C.No.1079 of 2007 on the file of the Judicial Magistrate No.IV, Salem and he is facing trial therein for an offence under Section 138 of the Negotiable Instruments Act. The above criminal original petition is filed seeking to quash all further proceedings in S.T.C.No.1079 of 2007 on the ground that the learned Magistrate has not followed the mandatory provisions contained in the Amended Section 202(1) of the Code of Criminal Procedure viz., that the Court shall enquire into the case for the purpose of deciding if there is sufficient ground for proceeding against the accused who is residing outside the area over which the Court exercises jurisdiction had not been complied with.

2. The learned counsel appearing for the petitioner invited the attention of this Court to the Amended Section 202 (1) of the Cr.P.C. which reads as follows:

“202. Postponement of issue of process.--(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit (and shall, in a case where the accused is res