Joymalya Bagchi, J. - (1.) ORDER dated 24.09.2013 passed by the learned Chief Judge, City Sessions Court at Calcutta affirming the order dated 29.07.2013 passed by the learned 17th Metropolitan Magistrate, Calcutta in Complaint Case No. 18808 of 2007 under Section 138 of the Negotiable Instrument Act, 1881 has been assailed in this revision petition.
(2.) THE petitioner is facing prosecution of commission of offence punishable under Section 138 of the Negotiable Instrument Act, 1881. It is the contention of the petitioner that the petitioner resides out of the territorial jurisdiction of the learned Magistrate and the learned Magistrate failed and neglected to comply with the mandatory requirement under Section 202 of the Code of Criminal Procedure at the time of issuance of process. Decision of Apex Court in National Bank of Oman vs. Barakara Abdul Aziz & Anr., : (2013) 1 C Cr. LR (SC) 585 is relied upon in support of such contention.
(3.) MS . Mitra, learned counsel appearing for the petitioner submitted that the learned Courts below erred in law in failing to appreciate that non -compliance of mandatory provision of Section 202 of the Code of Criminal Procedure renders the consequential proceeding invalid. She further submitted that as the evidence in the instant case has not been recorded as yet, the petitioner may be allowed and the matter may be remanded for enquiry under Section 202 of the Code of Criminal Procedure.;