Dishonour of Cheque -- Summoning of accused -- Enquiry under S.202 CrPC -- Mandatory requirement
Where a mandatory condition precedent to issuance of summons has not been fulfilled, allowing criminal proceedings to continue would amount to permitting a prosecution founded upon an invalid exercise of jurisdiction -- Summoning order quashed -- Negotiable Instruments Act, 1881, S.138 -- CrPC, 1973, S.202 (Para 14)
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