Criminal Procedure Code, 1973
Section 202—Postponement of issue of process—Requirement of postponing the issue of process was introduced on 23.06.2006 which is applicable only when one of the accused stays outside the jurisdiction of the court—Mandatory requirement of postponing the issue of the process because the accused was residing at a place beyond the area where the Magistrate exercises his jurisdiction was not applicable when the complaint was filed in 2004.
[Para 8]
Section 202—Postponement of issue of process—Once the Magistrate seeks report from police under Section 202 of CrPC, the Magistrate ought to have waited until the report was received—Order issuing process has drastic consequences—Such orders require the application of mind—Admitted position that on record of the complaint, the report made by the police under Section 202 of the Code was not received—Magistrate was not justified in passing the order to issue a summons.
[Paras 10 & 11]
Indian Penal Code, 1860
Sections 406, 420, 467, 468 & 472 read with Section 120B and Section 13 of Essential Commodities Act—Cheating and forgery—Petition to quash complaint and summoning order dismissed by High Court—Appeal—Only reason given by the High Court is that there were disputed question of fact, and therefore, the controversy can be decided only after evidence is recorded—Entire dispute is of a civil nature arising out of a commercial transaction—Taking the complaint and documents relied upon by first respondent-company as correct, no case was made in the complaint or in the evidence of first respondent to proceed against the appellants—No allegation that accused company was involved, in any manner, with the transaction between second accused and first respondent-complainant—Continuing of complaint against appellants will amount to an abuse of the process of law—Case is made out for quashing the complaint as against the appellants—Appeal allowed.
[Paras 12 to 15]