Procedure for private complaint

Using as genuine a forged document, forgery for purpose of cheating, cheating and dishonestly inducing delivery of property, cheating by personation

Procedure for private complaint

Judicial Magistrate, after recording statement of complainant under S.200, Cr.P.C., marked the complaint to S.H.O. concerned for inquiry and report; and on receipt of report, summoned accused, who in compliance of process attended the court

After more than four months, complaint was again entrusted to Inquiry Officer for proper inquiry; who submitted his report

On receipt of inquiry report, Judicial Magistrate was required either to dismiss the complaint under S. 203, Cr.P.C., or issue process under S. 204, Cr.P.C., but instead, the Trial Magistrate directed the parties to submit lists of witnesses, and fixed the case for submission of lists of witnesses and recording evidence of complainant but without recording evidence of complainant, dismissed the complaint, which was not the mandate of Criminal Procedure Code

Where the court had recorded statement under S. 200, Cr.P.C., and after finding prima facie case took cognizance of the matter, then procedure mentioned in Chapter XVII, Cr.P.C., would be followed

Revisional Court had committed no wrong in remanding the complaint to Trial Court for decision afresh.