IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2081 of 2008() ----------------------------------- CRLMP.1871/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER/COMPLAINANT ---------------------------------------- HOUSING DEVELOPMENT FINANCE CORPORATION LTD, HDFC, HOUSE, RAVIPURAM JUNCTION, MG.ROAD, KOCHI-682 015. BY ADV. SRI.P.V.GEORGE(ONAKKOOR) SRI.REJI GEORGE SRI.S.K.MOHAMED SAJEER SMT.MANJU RAJAN RESPONDENTS/ ACCUSED AND STATE -------------------------------------------------------- 1. RAVEENDRAN CHALADAN, AGED 58 YEARS, ADATTIL QUARTERS, VALIYAPARAMBU, PUTHUR PO, MALAPPURAM. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKUALAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 31/07/2008, ALONG WITH CRMC NO. 2082 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R.BASANT, J. ---------------------- Crl.M.C.Nos.2081,2082,2248,2249,2252, 2256,2319,2320 & 2321 of 2008 ---------------------------------------- Dated this the 31st day of July 2008 O R D E R The common petitioner in these petitions is the complainant in prosecutions initiated against different accused all under Section 138 of the Negotiable Instruments Act. The petitioner had filed the complaints, have produced documents to support the allegations in the complaints and had also filed affidavits under Section 145 of the Negotiable Instruments Act to satisfy the requirement of Section 200 Cr.P.C. The learned Magistrate after considering the complaints had passed identical directions in all these Crl.M.Ps expressing the intention of the learned Magistrate to proceed to the enquiry under Section 202 Cr.P.C to satisfy the requirement of the amended Section 202 Cr.P.C. The accused persons reside outside the jurisdiction of the learned Magistrate and it is submitted that the learned Magistrate, only to satisfy the requirements of amended Section 202 Cr.P.C is embarking on an unnecessary enquiry under Section 202 Cr.P.C. The petitioner has come to this court challenging the said direction in these petitions as also in Crl.M.C No.2247/2008. Facts are all identical. Identical orders Crl.M.C.No.2081 & conn.cases 2 have been passed in all these cases as also in Crl.M.C.No.2247/2008 by the learned Magistrate directing the petitioner to produce “loan documents”. Identical order in all these cases reads as follows: “Loan documents not produced. For examination of complainant call on 05/06/2008.” It is aggrieved by the said direction that the petitioner has come to this court with these Crl.M.Cs. 2. I have already held in the detailed order passed in Crl.M.C.No.2247/2008 that it is not necessary for the courts merely because the language of the amended Section 202 Cr.P.C appears to demand so, to embark on a ritualistic enquiry under Section 202 Cr.P.C. It has been held that the crucial question is whether at the end of the enquiry under Section 200 Cr.P.C, the learned Magistrate is able to entertain the requisite satisfaction under Section 203/204 Cr.P.C as to whether there is or there is no “sufficient ground for proceeding”. That satisfaction if the same can be entertained satisfactorily by such materials available at the end of enquiry under Section 200 Cr.P.C it is not necessary for a Magistrate to unnecessarily and ritualistically Crl.M.C.No.2081 & conn.cases 3 proceed to conduct an enquiry under Section 202 Cr.P.C merely because the procedural stipulation under the amended Section 202 Cr.P.C indicates such a procedural requirement. I have already dealt with the question in detail in the decision in Crl.M.C.No.2247/2008. This common order is rendered in continuation of the said decision and must be send in continuation of the same. I am satisfied that in all these cases it is unnecessary for the Magistrate to proceed to conduct an enquiry under Section 202 Cr.P.C merely because the loan documents have not been produced or because he is obliged to conduct some sort of further enquiry under Section 202 Cr.P.C. On a perusal of the materials presently available, the conclusion appears to be inescapable that the requisite satisfaction under Section 204 Cr.P.C can be entertained straightaway and it is not necessary to proceed to conduct a further enquiry under Section 202 Cr.P.C. 3. I am satisfied, in these circumstances that the order impugned in these cases obliging the petitioner to proceed to the stage of enquiry under Section 202 Cr.P.C to examine himself notwithstanding the filing of affidavit under Section 145 Cr.P.C Crl.M.C.No.2081 & conn.cases 4 merely to satisfy, what the learned Magistrate construed as an invariable and inflexible requirement of conducting an enquiry under Section 202 Cr.P.C. On the available materials - in the light of the averments in the complaint, documents produced in support of the complaint, averments made in the affidavit filed under Section 145 Cr.P.C to satisfy the requirement of Section 200 Cr.P.C and the presumptions under Sections 118 and 139 of the Negotiable Instruments Act, I am satisfied that the Magistrate can now proceed to pass appropriate order under Section 203/204 Cr.P.C. 4. In the result, a) These Crl.M.Cs are allowed. b) The impugned direction to produce loan documents of these cases is set aside. c) The learned Magistrate is directed to proceed to pass appropriate orders under Section 203/204 Cr.P.C on the basis of the materials presently available in all these cases. (R.BASANT, JUDGE) jsr Crl.M.C.No.2081 & conn.cases 5 Crl.M.C.No.2081 & conn.cases 6 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008