even when an
application under Section 156(3) of the Code is filed
along with the complaint under Section 200 of the
Code, the Magistrate ... discreation either to
proceed under Section 156(3) of the Code ( Chapter
XII) or under Section 200 of the Code ( Chapter XV).
When the Magistrate
take cognizance under
Section 190 (1)(b), and in this regard, is not bound to
follow the procedure under Sections 200 ... case
19
under Section 190(1)(a) though it is open to
him to act under Section 200 or Section 202
also. [See India Carat
sworn
statement being signed by the complainant. If section 142 of NI Act and
section 200 of the Code are read literally, the result will ... circumstances, a harmonious
and purposive interpretation of section 142 of NI Act and section 200 of the
Code becomes necessary. Section 142 only requires that
oath save in the cases set out in the proviso to
Section 200 CrPC After examining the complainant on oath and
examining the witnesses present ... knowledge, that such offence
has been committed.”
22. Chapter XV (Sections 200-203) relates to “Complaints to
Magistrates” and covers cases before actual commencement
behalf was taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate ... officials in registering the FIR, the modalities contained in Section 190 read with Section 200 of the Code are to be adopted and observed
From a conjoint reading of Sections 138 , 142 and
145 of the NI Act as well as Section 200 of the Code, it
is clear ... process on the complaint under Section 138 of the NI
Act. For the purpose of issuing process under Section
200 of the Code
been inserted in sub-
section (1) of Section 202 Cr.P.C. After the above amendment sub-section
(1) of Section ... under Section 202 Cr.P.C.
In the enquiry envisaged under Section 202 Cr.P.C. the witnesses are
examined whereas under Section 200
result in an illegality or whether it is a curable irregularity. Section 200 of the Cr.P.C. underwent drastic amendments when the new criminal ... examine them."
2. The controversy hinges around part of Section 200 , Cr.P.C. The section prescribes that it is mandatory for the learned
section (1) of Section 145 of NI Act would be
sufficient for the Magistrate to issue process under Section 200 of CrPC,
without orally examining ... therefore, clear that interpretation of Section 145 cannot be controlled by
Section 200 CrPC. On the contrary, the legislative intent is absolutely
clear that
enquiry under
Section 202 Cr.P.C commence? Is the boundary line
between the enquiry under Section 200 ... process can be issued under Section
204 Cr.P.C. at the end of the enquiry under Section 200 -
i.e. after recording the sworn
