CRM No. M- 26645 of 2009 1 In the High Court of Punjab and Haryana at Chandigarh. CRM No. M- 26645 of 2009 (O&M) Decided on:- 22.09.2009 M/s. Subhash Medical Agency and others ……Petitioners Versus M/s. Captab Bio-Tech …….Respondent Coram Hon’ble Mr. Justice K. C. Puri Present Mr. Vishal Sodhi ,Advocate for the petitioner. K. C. Puri, J.(Oral ) This is a petition under Section 482 Cr. P. C for quashing the order of summoning dated 30.10.2008 ( Annexure P4 ), passed by Judicial Magistrate Ist Class, Chandigarh and the complaint Annexure P1 filed by the respondents under Section 138 of the N. I. Act, 1881. M/s. Captab Bio-tech filed a complaint under Section 138 of Negotiable Instruments Act against the present petitioner in which it is mentioned that complainant is a partnership firm having its factory premises at Baddi and to discharge the liability, the accused issued a post dated cheque of Rs.1,94,310/- bearing No. 009356 dated 2.9.2008. The said cheque was sent for collection and was returned with memo dated 9.9.2008 with the remarks “ accounts closed”. Thereafter, notice dated 25.9.2008 was sent to the accused/petitioner and inspite of notice, the amount has not been paid and hence, the present complaint. Accused/petitioner has challenged the said summoning order Annexure P4. The first and foremost contention of the learned counsel for the petitioner is that there is non compliance of Section 202 Cr. P. C in as much CRM No. M- 26645 of 2009 2 as petitioners were the residents of the jurisdiction where the complaint was filed and the trial Court has not complied with the said provisions of law. Section 202 Cr. P. C envisaged as under:- Postponement of issue of process(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under Section 192, may, if he thinks fit [ and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceedings: From the bare perusal of the said provisions of law, it is revealed that when the accused is residing at a place beyond the area in which JMIC exercises its jurisdiction, the Court should postpone the issue of process against the accused and either inquire into the case himself or direct any investigation to be made to the police officer. From the perusal of the summoning order, it is revealed that trial Court has recorded the statements of the complainant and after perusing the record, the process of summoning has been issued. So, prima facie, there is no non compliance of Section 202 Cr. P. C. So, the applicant cannot have benefit of the authorities S. K. Bhowmik v. S. K. Arora and another2007(4) RCR(Criminal) 650 and Prem Kumar @ Premo v. Balwinder Kaur 2009(2) RCR(Criminal) 4 . Learned counsel for the petitioner has further submitted that cheque in question was issued as a security and on that account, the CRM No. M- 26645 of 2009 3 complaint as well as the summoning order is liable to be quashed. However, I am of the considered view that said controversy can only be adjudicated during the course of trial. As in the complaint, it is clearly mentioned that cheque was in discharge of the liability regarding purchase of the medicine. Learned counsel for the petitioner has submitted that complaint has been filed at Chandigarh just to make out the jurisdiction of the Courts at Chandigarh. No cause of action has arisen within the territorial jurisdiction of Courts at Chandigarh. However, this controversy can also be adjudicated upon during the course of trial. The complainant in the petition has categorically pleaded that medicines were supplied at Chandigarh. So, in these circumstances, no ground for interference is made out. Therefore, the petition stands dismissed. 22.09.2009 ( K.C. Puri ) mamta Judge