AI Overview...
- Section 202 Cr.P.C. Non-Compliance - Main Points and Insights
- Many sources highlight that the mandatory provisions of Section 202 Cr.P.C. require the Magistrate to conduct an enquiry before issuing process in criminal complaints, especially under the Negotiable Instruments Act (NI Act). Non-compliance with these provisions is often challenged as a violation of jurisdiction and procedural correctness Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt - Dishonour Of Cheque, Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt. Ltd. - Crimes, Anup Lodha VS State of West Bengal - Calcutta, Amarjit Singh VS Jasjit Singh - Dishonour Of Cheque.
- Several judgments emphasize that the enquiry under Section 202 is a mandatory step, and failure to adhere to it renders the proceedings liable to be quashed or set aside, often invoking Section 482 of Cr.P.C. for such remedies Raj Buildhome Pvt. Ltd. VS Khozim Yusuf Nagarwala - Bombay, Amarjit Singh VS Jasjit Singh - Dishonour Of Cheque.
- The amendments to Section 202, including provisions for affidavits under Section 145, aim to streamline the process but do not diminish the mandatory nature of the enquiry. Courts have reiterated that the process cannot be issued without compliance Inayat Ali Hashmat Ali Sayyad vs Krishna S/o Ganesh Marke - Bombay, Modern Denim Limited VS State Of Gujarat - Gujarat.
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Jurisdictional issues, especially territorial jurisdiction, are often intertwined with non-compliance with Section 202, and courts have held that proper jurisdiction and compliance are prerequisites for valid proceedings Amarjit Singh VS Jasjit Singh - Chhattisgarh, AMARJIT SINGH VS JASJIT SINGH - Chhattisgarh, S. S. Binu VS State of West Bengal - Dishonour Of Cheque.
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Analysis and Conclusion
- The consistent judicial stance indicates that non-compliance with Section 202 Cr.P.C. in initiating criminal proceedings, particularly under the NI Act, is a substantive defect that can override the court’s jurisdiction and lead to quashing of proceedings.
- Courts have underscored that Section 202’s enquiry is a mandatory safeguard to prevent frivolous or premature proceedings, and ignoring this requirement constitutes a non-compliance of statutory provisions.
- Therefore, any attempt by courts to bypass or overlook the mandatory enquiry under Section 202, or to proceed without proper jurisdiction, is deemed illegal and can be challenged successfully, often through remedies like quashing under Section 482 Cr.P.C.
References: - Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt - Dishonour Of Cheque - Nirmal Khandelwal VS Terai Dooars Tea Co. Pvt. Ltd. - Crimes - Amarjit Singh VS Jasjit Singh - Chhattisgarh - AMARJIT SINGH VS JASJIT SINGH - Chhattisgarh - Anup Lodha VS State of West Bengal - Calcutta - Raj Buildhome Pvt. Ltd. VS Khozim Yusuf Nagarwala - Bombay - Amarjit Singh VS Jasjit Singh - Dishonour Of Cheque - Inayat Ali Hashmat Ali Sayyad vs Krishna S/o Ganesh Marke - Bombay - Modern Denim Limited VS State Of Gujarat - Gujarat - S. S. Binu VS State of West Bengal - Dishonour Of Cheque
Search Results for "Non Compliance of Section 202 Trial Court Override the Jurisdiction"
• India - Dishonour Of Cheque
JOYMALYA BAGCHI
Act override provisions under Section 200/202 Cr.P.C ... evidence has been filed at pre-summoning stage in due compliance of provisions of the said Act, the issue of postponing process ... in view of the amendment to Section 202 of the Code of Criminal Procedure does not arise. ... Mitra, learned counsel appearing for the petitioner submitted that the learned Courts below erred in law in failing to appreciate that non-compliance of mandatory provisio....
• India - Crimes
JOYMALYA BAGCHI
Act override provisions under Section 200/202 Cr.P.C. ... and neglected to comply with mandatory requirement under Section 202 Cr.P.C. ... Negotiable Instruments Act, 1881—Sections 138 and 145—Criminal Procedure Code, 1973—Section 202—Order of summoning for offence of ... Mitra, learned counsel appearing for the petitioner submitted that the learned Courts below erred in law in failing to appreciate that non-compliance#HL_....
2011 0 Supreme(Chh) 146 • India - Chhattisgarh
T.P.SHARMA
Chief Judicial Magistrate, Raipur, citing lack of territorial jurisdiction and non-compliance with Section 202(1) of the Code of ... Issues: The issues involved lack of territorial jurisdiction, non-compliance with Section 202(1) of the Code, and the applicability ... Section 138 of the Negotiable Instruments Act - Territorial Jurisdiction - Sections 138, 142, ....
2011 0 Supreme(Chh) 144 • India - Chhattisgarh
T.P.SHARMA
Issues: The issues involved lack of territorial jurisdiction, non-compliance with mandatory provisions contained in Section ... and non-compliance with mandatory provisions contained in Section 202 (1) of the Code of Criminal Procedure, 1973. ... Criminal Complaint - Jurisdiction - Code of Criminal Procedure, 1973, Section 482 - Negotiable Instruments Act, 1881, Sections ... the petitioner and ha....
• India - Calcutta
SUDIP AHLUWALIA
challenged the proceedings against them on two grounds: (1) non-compliance with the mandatory enquiry under Section 202 of the CrPC ... NI ACT - JURISDICTION - SECTION 202 ENQUIRY - SECTION 138 - SUMMONS ISSUANCE - DIRECTORS' LIABILITY - SMS PHARMACEUTICALS V. ... Whether compliance with Section 202 of the CrPC is mandatory in complaint cases under the Negotiable Instruments Act? 2. ... In suppor....
2018 0 Supreme(Bom) 2247 • India - Bombay
K.L.WADANE
Criminal Procedure Code, 1973 - Section 202 - Negotiable Instruments Act - Section 138, 143, 118 and 139 ... depart and override the provisions of the Criminal Procedure Code. ... and on perusal of the contents of verified affidavit of the complainant and after satisfaction the learned Trial Court has issued ... Considering the pendency of large number of applications under section 482 of Cr.P.C., 1973 for quashing the process for non comp....
• India - Dishonour Of Cheque
T.P.SHARMA
of territorial jurisdiction and non-compliance of mandatory provisions contained in Section 202 (1) of —Court does not derive jurisdiction only on the basis that complainant has issued notice from that place, but Courts are required ... the petitioner and has issued process vide order dated 28.10.2010 Substantially on the ground of lack of territorial jurisdiction and non-compliance of mandatory provisions contai....
• India - Bombay High Court
Vibha Kankanwadi, J
Section 145 permits the complainant to be examined by way of an affidavit for the purpose of inquiry under Section 202. He suggested that Section 202 (2) should be read along with Section 145 and in respect of complaints under a href="./..
2015 0 Supreme(Guj) 155 • India - Gujarat
C.L.SONI
of Magistrate without holding an enquiry under Section 202 Cr.P.C. - Non obstante clause in Sections 143 to 145 of NI Act overrides ... The Court finds that the learned Magistrate has issued process in due compliance of the provisions of the Act and in consonance with ... respondent No. 2 for the offence under Negotiable Instruments Act - Issuance of process by Magistrate to persons residing outside jurisdiction ... for trial of sum....
• India - Dishonour Of Cheque
DEBASISH KAR GUPTA, SHEKHAR B.SARAF
outside territorial jurisdiction of Magistrate concerned—Amendment of sub-section (1) of Section 202 Cr.P.C. by virtue of Section ... 200 and 202, remedy lies in invoking Section 482 Cr.P.C.. ... (A) Negotiable Instruments Act, 1881—Sections 138/141—Criminal Procedure Code, 1973—Section 202—Enquiry by Magistrate—In cases falling ... He added that non-compliance of sub-s....
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