BALWANTBHAI DHARAMSINHBHAI VARIA Vs. RAJNIKANT GORDHANBHAI PATEL

JUDGEMENT

(1.) Criminal Revision Application is filed by original complainant to set aside the order passed by the Chief Judicial Magistrate, Nadiad in Criminal Case No. 3562 of 1987 on 21-12-1988 and to direct him to proceed further according to law.

(2.) The petitioner is the original complainant of Criminal Case No. 3562 of 1987 which was filed in the Court of Chief Judicial Magistrate, Nadiad against the respondents Nos. 1 to 5 (hereinafter referred to as the accused. Said complaint was filed for the offences punishable under Secs. 406, 114 and 34 of I. P. C.

(3.) The complainant was examined by Chief Judicial Magistrate Shri M. R. Thakar before taking cognizance, and as in the opinion of the Magistrate taking cognizance of offence there was sufficient ground for proceeding further, the Magistrate issued summons for the offences punishable under Secs. 420 and 114 of I. P. C. and also for the offences punishable under Secs. 406 and 114 of I. P. C. After issuance of summons, the Magistrate was required to follow the procedure laid down in Chapter XIX of Code of Criminal Procedure, i.e.. Trial of Warrant Cases by Magistrate. This case being a case instituted otherwise than on a Police report, Magistrate was required to follow the procedure laid down in Sec. 244 and onwards. Section 244 reads as under :