MALA D Vs. SHASHIKALA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and perused the records. At this stage, after hearing learned counsel for the petitioner, I do not find any strong reasons to interfere with the order passed by the learned Magistrate in taking cognizance and issuing summons against the petitioner herein for the offences under section 419,420 and 426 of IPC.

(2.) Learned counsel for the petitioner strenuously contends that, it is a private complaint, though the complainant asked for referring the matter to the investigating agency, the court has recorded the sworn statement and taken cognizance and issued summons. Therefore, there is heavy burden on the respondent to prove the allegations and to establish tentatively the alleged offences for the purpose of framing of charges. In that process, the Magistrate has to record evidence under Section 244 of Cr.P.C. by providing an opportunity to both parties and then take appropriate decision.

(3.) Learned counsel also submits that he may be permitted to raise all the grounds raised herein, before the Magistrate at the time of recording the evidence under Section 244 of Cr.P.C. and plead for his discharge. There is no unreasonable request made by the learned counsel for the petitioner.