cognizance

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
There is litigation between two firms.One based on Mumbai & the other Chadigarh Punjab.Firm A has filed a suit of rendition of account in a civil court at Mumbai on the basis of a cheque issued by Firm B from Chandigarh.Firm B has denied the amount shown in the cheque & allege forgery.A criminal complaint is filed before JMFC at Chandigarh u/ss.406,420,467...IPC but the Magistrate has raised a query that 'cognizance cannot be taken under section 196(c) Cr.P.C as the cheque is a part of proceedings before a civil court.
Kindly suggest with reference to settled law/judgments.
Regard !

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Arun Kumar Bhagat (Expert) 19 June 2011
Magistrate is wrong. Only section 120B of the IPC is barred. Read the section carefully.

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