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CALCUTTA HIGH COURT
BIBEK CHAUDHURI, J
Pawan Kumar Agarwal – Appellant
Versus
The State of West Bengal & Anr. – Respondent
| Table of Content |
|---|
| 1. details of complaints under negotiable instruments act. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. requirement for inquiry under section 202 before issuing process. (Para 12 , 13 , 14) |
| 3. supreme court’s view on mandatory inquiries. (Para 15 , 16 , 17 , 18) |
| 4. petitioner's argument on procedural compliance. (Para 19 , 20 , 21) |
| 5. court’s rationale for concluding compliance. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
1. These bunches of criminal revisions have been assigned by the Hon’ble Chief Justice for determination of a common question as to whether an inquiry under Section 202 of the Code of Criminal Procedure is mandatory before issuance of process in a complaint under Section 138 read with Section 141 of the Negotiable Instruments Act when the accused resides outside the territorial jurisdiction of the learned Chief Judicial Magistrate at Kolkata.
2. The following are the facts of the case:-
C/22365/2011
3. The opposite party No.2 as complainant filed a complaint under Section 138 /141 of the Negotiable Instruments Act alleging, inter alia, that in discharge of existing date and liability the accused No.2 to 4 issued two account
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