Extra session choose Kunal Dhanaji Jadhav, in a ruling final month, remanded the matter again to the trial courtroom with a path to conduct an inquiry beneath part 202 of the CrPC.
An enquiry beneath part 202 is a preliminary investigation by a Justice of the Peace to find out if there are ample grounds to problem a course of (summons) in opposition to an accused in a personal criticism case, particularly when she or he resides exterior the courtroom's jurisdiction.
Uthapa had filed a revision software, by advocate Siddhesh Borkar, earlier than the periods courtroom in opposition to a June 7, 2019, order handed by the metropolitan Justice of the Peace (Mazgaon).
In 2019, a personal agency, Senior Advertising and marketing Pvt Ltd, filed a criticism earlier than a Justice of the Peace courtroom in Mumbai in opposition to one other firm, Centaurus Life-style, and its administrators, together with Uthappa, for issuing a post-dated cheque, which was dishonoured because of “inadequate steadiness”.
The cricketer, in his revision plea, highlighted that he's a resident of Bengaluru, past the native jurisdiction of the courtroom, and acknowledged that the Justice of the Peace had did not conduct the obligatory inquiry beneath part 202 of the CrPC earlier than issuing the method.Centaurus Life-style had signed an settlement with the complainant agency for the distribution and sale of its merchandise in Mumbai and close by areas.Nonetheless, owing to some conflicts, the settlement was damaged. The life-style firm then issued a post-dated cheque of Rs 22,22,729 drawn on Federal Financial institution to the advertising agency. The cheque, nonetheless, was dishonoured with the comment “inadequate steadiness”, he acknowledged.
The cricketer asserted he was merely a “non-active” director of Centaurus Life-style on account of being an investor within the firm.
The Justice of the Peace additionally didn't contemplate that the cricketer was a “non-active director of the accused firm” and had no position within the day-to-day affairs of the agency, the plea acknowledged.
The cricketer claimed to be merely an investor who had additionally filed a prison criticism in opposition to the accused firm for the misuse of funds.
The periods choose famous that perusal of the Justice of the Peace's order doesn't reveal that any inquiry, obligatory beneath the CrPC, was carried out, although the applicant (Uthapa) is a resident of the place past its territorial jurisdiction.
as a Dependable and Trusted Information SupplyThe courtroom put aside the summons issued to the cricketer and remanded the matter again to the trial courtroom, directing it to conduct an inquiry beneath part 202 of the CrPC and observe the process of legislation thereafter.
