Negotiable Instruments Act, 1881–Secs. 138–Enquiry before proceeding in the case–If the Magistrate had entered into inquiry, u/s. 202, it could have gathered that on the date of cognizance a complaint for the same cause of bouncing of the cheque of same due amount was pending before the Court of Mumbai–This fact was neither disclosed in the notice nor in the complaint–Further, where the accused resides beyond the territorial jurisdiction of the
Court, an inquiry shall be conducted on receipt of complaint–Held, order of taking the cognizance is bad in law.
