JUDGMENT Rule. Rule made returnable forthwith and heard finally. 2. The first matter is filed for the relief of setting aside and quashing the order made by the Judicial Magistrate, First Class, Shrirampur on 29.05.2012 in S.T.C. No. 192/2012. The Judicial Magistrate, First Class, Shrirampur has made order of issue process in private complaint filed by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act. The second matter is filed to challenge the similar order made by the Judicial Magistrate, First Class, Shrirampur in private complaint bearing No. 193/2012 filed by the respondent against the applicants. Both the sides are heard. 3. Learned counsel for the applicants mainly submitted that in view of the amended provisions of Section 202 of Criminal Procedure Code, it was mandatory on the Judicial Magistrate, First Class to refer the matter to the police for the purpose of investigation after postponing the order of issue process or to make an enquiry under Section 202 of the Criminal Procedure Code. He submitted that as per the address of the accused given in the complaint, the accused is shown to be resident of Ganesh Nagar, Ranjangaon, Tq. Rahata, Dist. Ahmednagar when the complaint is filed in the Court of Judicial Magistrate, First Class, Shrirampur, which is different Tahsil. He relied on the observations made by the Apex Court in the case reported in 2009(15) SCC 199 (K.T. Joseph V/s State of Kerala). The Apex Court has held that the postponement of issue process, as provided by the amendment of 2006, is mandatory in nature when the accused resides beyond the local limits of Court of Judicial Magistrate, First Class. He placed reliance on another case reported in 2012(3) Mh.L.J. 724 : [2013 ALLMR (Cri) 1377] (Bombay High Court) (Netcore Solutions Pvt. Ltd., Mumbai and others V/s Pinnacle Teleservinces Pvt. Ltd., Nagpur and others). He also produced the copy of the order made by this Court in Criminal Writ Petition No. 12l/2011 (between M/s Vikrant Developers V/s Rajendra Rajaram Basaiye and another). 4. The other side submitted that the matter is under consideration of the Full Bench of this Court. However, it is admitted that the Full Bench has stayed the matter in view of the fact that same point is under consideration of the Larger Bench of Apex Court. 4. The other side submitted that the matter is under consideration of the Full Bench of this Court. However, it is admitted that the Full Bench has stayed the matter in view of the fact that same point is under consideration of the Larger Bench of Apex Court. A copy of the order made by the Apex Court in Special Leave to Appeal (Criminal) No.5751/2011 is produced on record. The matter is still pending. 5. In view of the aforesaid position of law, there are only two options open, one to stay the proceeding or to follow the mandatory provisions laid down in Section 202 of the Criminal Procedure Code. The learned counsel for the complainant submitted that the appropriate orders may be passed, as the complainant is interested in expeditious hearing of the matter. In view of this circumstance, the following order is passed : - ORDER The Applications are allowed. The orders of issue process made in S.T.C. Nos. 192/2012 and 193/2012 are hereby set aside. Both the matters are remitted back to the same Judicial Magistrate, First Class. The Judicial Magistrate, First Class is to follow the procedure laid down in Section 202 of Criminal Procedure Code. The Judicial Magistrate, First Class is to reconsider the point of issue process after making enquiry. The enquiry may be for limited purpose as most of the documents have presumptive value and the documents are the cheque, remark of bank about bouncing, the endorsement of the postal office on the notice. The Judicial Magistrate, First Class is expected to take into consideration presumption available under Sections 118 and 139 of the Negotiable Instruments Act. Thus the expected enquiry is only for the limited purpose and the position of law with regard to the aforesaid provisions needs to be kept in mind by the Judicial Magistrate, First Class. The enquiry is to be done by the Judicial Magistrate, First Class within two months from the receipt of copy of this order. 6. Rule made absolute in the aforesaid terms. Applications allowed.