1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1199 OF 2010 Mr.L.Hari Gopalkrishnan and Anr. ...Applicants Vs The State of Maharashtra and Anr. ...Respondents ----- Mr.Abad H.H. Ponda for Applicants Mrs.M.R. Tidake -APP for State Mr.Yashpal Thakur i/b. Paras Kuhad and Associates for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 3RD MAY, 2010 P.C. 1. The Applicants are challenging the order of issuance of process of the learned Magistrate on the complaint filed by the Respondent No.2 under section 138 of the Negotiable Instruments Act on various grounds. Main ground, however, is that the verification recorded by the Learned Magistrate is not in accordance with the direction given by this Court in the case of Amarnath Baijnath Gupta vs. Mohini Organics Pvt. Ltd. reported in 2009 ALL MR (Cri) 184 Secondly, it is submitted that the mandatory requirement of section 202 of the Criminal Procedure Code has not been followed since the Applicants are residing out of the jurisdiction of the Magistrate Court. 2 2. The learned Counsel for the Respondent No.2 submits that in that event the matter has to be remanded back so that the learned Magistrate should record a fresh verification after holding a proper enquiry. 3. In this view of the matter, criminal application is allowed. In view of the order passed by this Court, the order of the Learned Magistrate for issuance of process is quashed and set aside. Matter is remanded back to the Court of Learned Magistrate to record a fresh verification in accordance with the direction given by this Court in the case of Amarnath Baijnath Gupta (supra) and also make an enquiry as laid down under section 202 of the Cr.P.C. and pass an appropriate orders on merits and in accordance with law. All contentions raised by both the parties are kept open. (V.M. KANADE J.)