1. The present revisional application has been preferred praying for quashing of the proceedings being CNS No. 195 of 2018 registered for offence punishable under S.420/120B of the Indian Penal Code , 1860, now pending before the Court of the Learned Metropolitan Magistrate, 19th Court at Calcutta.

2. By the petition of complaint before the learned Magistrate the complainant herein initiated the proceedings against the accused persons herein who admittedly reside outside the jurisdiction of the trial Court.

3. The complainant / opposite party in spite of being served has failed to appear during the hearing of the present case.

4. By the order dated 14.01.2020 in CNS 195 of 2018 the learned Magistrate issued process. It appears that prima facie the mandatory provision of S.202 of CrPC has not been complied with.

5. S.202 CrPC lays down: -

''202. Postponement of issue of process. -

(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under S.192, may, if he thinks fit, (and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction) postpone the issu