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Anil Agrawal (Retired)     09 March 2009

Bounced cheque

 What is the value of the complaint if magistrate issues process without following Sec.200 of the Cr.P.C.



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 8 Replies

N.K.Assumi (Advocate)     09 March 2009

It all depends on the satisfaction of the Magistrate in the complaint and the truth of its contents. Remember, a complainant has no right to insists the Magistrate that a reference be made to the police and the matter is entirely the discretionary with the Magistrate. see the case of State Vs Morarji, ILR Bombay 171.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     10 March 2009

Mr. N.K. Assumi is absolutely right. i do agree with the views of my Ld. Friends.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     10 March 2009

I agree with my friends.

PALNITKAR V.V. (Lawyer)     10 March 2009

Unless the order is set aside, it remains valid.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

order can be challenged by way of revision. untill set aside by superior court it is operative.

Anil Agrawal (Retired)     15 March 2009

 Dear learned friends,


I request you to read the following judgement of the Apex Court.


 


CASE NO.: Appeal (crl.) 950 of 2006 PETITIONER: Sabitha Ramamurthy & Anr. RESPONDENT: R.B.S. Channabasavaradhya DATE OF JUDGMENT: 13/09/2006 BENCH: S.B. Sinha & Dalveer Bhandari JUDGMENT: J U D G M E N T [Arising out of SLP (Crl.) No. 6134-6135 of 2005] WITH CRIMINAL APPEAL NO. 951 OF 2006 [Arising out of SLP (Crl.) No. 6252 of 2005] S.B. SINHA, J


 


In a case where the court is required to issue summons which would put the accused to some sort of harassment, the court should insist strict compliance of the statutory requirements. In terms of Section 200 of the Code of Criminal procedure, the complainant is bound to make statements on oath as to how the offence has been committed and how the accused persons are responsible therefor. In the event, ultimately, the prosecution is found to be frivolous or otherwise mala fide, the court may direct registration of case against the complainant for mala fide prosecution of the accused. The accused would also be entitled to file a suit for damages. The relevant provisions of the Code of Criminal Procedure are required to be construed from the aforementioned point of view.

B.N.Rajamohamed (advocate / commissioner of oaths)     15 March 2009

Under section 200 Cr.P.C. the magistrate has to satisfy as to the genuineness of the complaint by examining the complainant on oath by recording his sworn statement and the statement of the witnesses if any. Then he has to take cognizance of the complaint and issue process to the accused under section 204 Cr.P.C.


If it is apparant that the magistrate has not followed the procedures an application under section 482 Cr.P.C. must be filed before the high court either to quash the complaint or to direct for taking recognizance. If not a revision against the orde of taking cognizance shall be filed under section 397 Cr.P.C. BEFORE THE District court for getting appropriate directions to the magistrate.

Anil Agrawal (Retired)     18 March 2009

 What the High Court does is to send the case back to magistrate to record the statement and proceed. What a wonderful way to harass the litigants?


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