1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 934 OF 2010 Mr.Sudhir Kumar Kaura & Anr. ...Petitioners vs. The State of Maharashtra & Anr. ...Respondents Ms.Pravina Kanani and Ms.Vidya Dongre for the Petitioner. Mr.A.S. Shitole, APP for the State. Mr.Yashpal Thakur i/b. M/s.Paras Kuhad Associates for Respondent No.2. CORAM : V.M. KANADE, J. DATED : APRIL 23, 2010 P.C. :- 1 Heard Counsel for the petitioners and respondent No.2. 2 The petitioners are challenging the order of issuance of process by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai, in a complaint filed by respondent no.2 under Section 138 2 of the Negotiable Instruments Act. 3 Counsel for the petitioners submitted that firstly, the mandatory provisions of Section 202(1) have not been complied by the learned Magistrate inasmuch as though the respondents no.2 and 7 are not residing in the jurisdiction of the learned Magistrate s court, no inquiry as contemplated under the aforesaid provision has been conducted. Secondly, it is submitted that the verification of the complaint has not been property recorded by the learned Magistrate. 4 Counsel for the respondent submits that the matter, therefore, may be remanded back to the learned Magistrate with a direction to record the verification and make inquiry as contemplated under the said section and thereafter, pass an order, in accordance with law. 5 In view of this, the petition is allowed. 3 The order of issuance of process is set aside and quashed. The matter is remanded back to the learned Magistrate. The learned Magistrate shall record a fresh verification, in accordance with law and after holding inquiry as contemplated under Section 202, pass an order in respect of issuance of process, in accordance with law. The verification, accordingly, is also set aside in respect of all the accused. 6 The petition is allowed. The trial is expedited. (V.M. KANADE, J.)