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Issue process order under 202 crpc


26-Apr-2024 (In Cheque Bounce Law)
Sir, please help me with: 1.Under section 138 Ni act in cheque bounce case, what is procedure for 202 crpc that magistrate should follow? 2. What are the necessary documents that magistrate should examine? 3. how we come to know that issue process order under 202 crpc it is legally followed by megistrate? 4. Lastly what are the reasons that he should mention in issue process order under 202crpc in cheque bounce case? thanks in advance.
Answers (2)

Answer #1
890 votes
there should be a cheque issued for the purpose of legally enforceable debt and the same was bounced due to insufficient funds. and notice for demanding was issued to repay the cjeque amount within 15 days from the date of receiving notice. non compliance of it Case under section 138 can be filed. magistrate will issuing process examine its all on oath then order passed under section 202 and summoning accused ro reply the same
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Advocate Milind Gangurde

Adv. Milind Gangurde

LawRato Nashik | 25+ Answers
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Answer #2
881 votes
1. Before when the Magistrate takes cognizance of a case, the Magistrate may pass section 202 order to do an inquiry, if he is not satisfied with the complaint. 2. In 138 NI Act cases, the necessary documents are dishonored cheque & cheque return memo and the demand notice sent to accused within time limit. 3. Judge will pass order in writing for issuing process. You may know the reasons from the order. (Note: Issu process order is under sec 204, whereas postponement of issue process is under sec 202) 4. Issue process order should essentially mention that a prima facie case is made out bycomplainant fullfilling requirements u/s. 138 & 142 of NI Act, hence, Issue process order is to be passed. How your query is resolved. You may contact if further legal assistance required.
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Advocate Shreyas Jain

Adv. Shreyas Jain

LawRatoMumbai | 100+ Answers
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