(2)For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law for the time being in force in the State when such instrument was executed or first executed:Provided that,-(a)nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do any instrument coming before him in the course of any proceeding other than a proceeding under [Chapter IX or Part D of Chapter X of the Code of Criminal Procedure, 1973] [These words, figures and letters were substituted for the words and figures 'Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898' by Maharashtra 27 of 1985, Section 20 (d), (w.e.f. 10-12-1985).];(b)in the case of a judge of a High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court may appoint in this behalf.
