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Mumbai Sessions Court Sets Aside Summons to Robin Uthappa, Orders Section 202 Inquiry

A procedural lapse requires a Section 202 CrPC inquiry by the trial magistrate.

Overview

  • Additional Sessions Judge Kunal Dhanaji Jadhav set aside a June 7, 2019 Mazgaon magistrate summons on September 22 and remanded the case, with the order reported publicly on October 3.
  • The court found the magistrate had not conducted the mandatory Section 202 inquiry despite the complaint showing the accused resides outside the court’s territorial jurisdiction.
  • The 2019 complaint by Senior Marketing Pvt Ltd alleges a Rs 22,22,729 settlement cheque from Centaurus Lifestyle was dishonoured for insufficient funds under the Negotiable Instruments Act.
  • Robin Uthappa argued he is a Bengaluru-based investor and non-active director who had resigned and lacked knowledge of the transaction, though the sessions court noted no evidence proved a non-active role.
  • The matter now goes back to the Mazgaon magistrate for the preliminary inquiry required before any decision on issuing process.