IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2104 OF 2008 Vasant Investment Corporation Ltd .....Applicant V/s. State of Maharashtra and anr. .....Respondents ======= Tejas H.Bhatt, adv.for applicant. Mr.H.J.Dedhi, APP for respondent-state. CORAM: SMT.R.P.SONDURBALDOTA, J. DATED: 5TH JANUARY, 2009. P.C.: 1. This petition takes exception to the order dated 5th May, 2008 passed by 23rd Metropolitan Magistrates' Court, Esplanade, Mumbai. The applicant is the complainant in the criminal complaint bearing No.530/Misc. Of 2008 filed under Section 138 of Negotiable Instruments act and against respondent no.2 herein. The notice of the present petition need not be given to respondent no.2 as no process has been issued against him till date. Infact, the impugned order is about postponing the issue of process under Section 202 Cr.P.C. 2. Mr.Bhatt, learned counsel for the applicant submits that it was incumbent upon the learned Metropolitan Magistrate to examine the complainant and his witnesses as required by the proviso to Section 202 (1) Cr.P.C. before passing the order of postponing the issue of process on the ground that accused is residing at a place beyond the area of jurisdiction of the learned judge. Apparently, the learned judge has misdirected himself in passing the impugned order postponing the issuance of process, even before the statements of complaint and the witnesses were recorded under Section 200 Cr.P.C. In these circumstances, the impugned order cannot be sustained. The same is hereby set aside. The learned judge to follow proper procedure of examining the complainant and his witnesses, if any, under Section 200 Cr.P.C. before considering any order to be passed under Section 202 Cr.P.C. 3. C.C. expedited. [JUDGE]