Dhanpati Sah vs Sandeep Singh
2023 Latest Caselaw 2567 UK

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                               C-482 No.636 of 2017
                               Hon'ble Sharad Kumar Sharma, J.

Mr. Parikshit Saini, learned counsel for the applicant.

Mr. Vijay Khanduri, learned counsel for the respondent.

The applicant in the instant C-482 Application has put a challenge to the proceedings of Criminal Complaint Case No.37 of 2016 Dhanpati Sah vs. Sandeep Singh, which are the proceedings drawn under Section 138 of Negotiable Instruments Act, on which summoning order has been issued to the applicant on 04.05.2016.

The solitary argument raised by the counsel for the applicant is that the summoning order dated 04.05.2016, is in violation of the provisions contained under Section 202 of Cr.P.C., because as per the judgment of the Hon'ble Apex Court as rendered in Suo-Moto Writ Petition No.02 of 2020, as decided on 16.04.2021 wherever the opposite parties are resident of territory outside the jurisdiction of the Magistrate, where the cause of action has arisen, compliance of Section 202 of Cr.P.C. is mandatory, as directed by the Hon'ble Apex Court as well as by the provisions contained under Section 202 of Cr.P.C.

Since the impugned summoning order does not apparently reflect that the compliance of provisions of Section 202 of Cr.P.C. The C-482 Application would stand allowed. The impugned summoning order dated 04.05.2016 is hereby quashed.

The matter is remitted back to the court of Chief Judicial Magistrate, Chamoli, to pass a fresh summoning order after complying with the provisions contained under Section 202 of Cr.P.C. to be read with alongwith the Constitution Bench judgment as rendered in the matters of Suo-Moto writ petition as decided on 06.04.2021.

Since the matter being an old one, it is hope and trusted that the court of Chief Judicial Magistrate, Chamoli will pass an appropriate summoning order as directed above, within a period of two months from the date of production of certified copy of this order.

(Sharad Kumar Sharma, J.) 29.08.2023 Arti