Debasish Kar Gupta, J. - (1.) These bunch of applications filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) have been assigned to this Bench by the Hon'ble Acting Chief Justice by an order dated November 13, 2017 on the basis of a reference made by a learned Single Judge of this Court (Tarun Kumar Gupta, J.) to decide the following issues in the backdrop of the relevant provisions of law:- "(1) Whether the amendment of Section 202 of the Code of Criminal Procedure, 1973 as enacted vide Section 19 of the Criminal Procedure (Amendment) Act, 2005 (25 of 2005) casts a mandatory duty upon the Magistrate to conduct an inquiry under Section 202 of the Code before issuing process under Section 204 of the Code qua an accused who resides outside the territorial limit of the Court of the said Magistrate? (2) What will be the nature of such inquiry under Section 202 of the Code qua an accused who resides outside the territorial limit of the said Court? (3) Whether non-compliance of such inquiry in terms of Section 202 (as amended vide Section 19 of the Criminal Procedure (Amendment) Act 2005 (25 of 2005) will invalidate or vitiate the order of process so issued? (4) Whether non-compliance of such inquiry in terms of Section 202 (as amended vide Section 19 of the Criminal Procedure (Amendment) Act 2005 (25 of 2005) can be raised only at the initial stage of the proceedings or after much deliberation as well? (5) Whether the amendment of Section 202 of the Code of Criminal Procedure, 1973 as enacted vide Section 19 of the Criminal Procedure (Amendment) Act 2005 (25 of 2005) will apply in case of offences punishable under Section 138/141 of the Negotiable Instruments Act, 1881?"
(2.) The accused persons of the respective criminal cases bearing CRR Nos.2987 of 2013 and 2988 of 2013 filed their respective revisional applications under Section 482 Cr.P.C. for quashing their criminal proceedings arising out of 420/406/120B of the Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.)
(3.) Excepting the aforesaid applications, the rest of the revisional applications have been filed praying for quashing of the criminal cases filed under Sections 138/141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act, 1881).;