Complaint In A Civil Case

01. A complaint in a criminal case is what a plaint is in a civil case. It is one of the modes in which a Magistrate can take cognizance of an offence. The requisites of a complaint are: (i) an oral or a written allegations; (ii) that some person known or unknown has committed an offence; (iii) it must be made to a Magistrate and (iv) it must be made with the object that he should take action. When a petition or complaint is presented before the Magistrate in which request is made for taking action as mentioned in Section 2 (d) of the Code, the Magistrate has to ascertain as to whether the contentions made in ccomplaint constitute any offence. The magistrate must examine the complainant even though the facts are fully set out in the written

Thereafter, the question of issuance of summons would be coming in. A Magistrate is bound to examine the complainant and then can either issue summons to the accused, or order an inquiry under section 202 of the Code or dismiss the complaint under section 203 of the Code. He must give the complainant or his pleader an opportunity of being heard. Once the Magistrate kept the complaint with himself and directed the complainant to produce his witnesses for recording statement under sections 200 and 202 of the Code, he cannot send the complaint later on under section 156 (3) of the Code to the police for investigation, as he has taken cognizance on the complaint. The Hon'ble Supreme Court of India in case of M/s GHCL Employees Stock Opition Trust -vs- M/s India Infoline Limited, reported in (2013) 4 SCC 505, it is held that summoning of accused in a criminal case is a serious matter. Hence, criminal law cannot be set into motion as a matter of course. The order of Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. The Magistrate has to recod his satisfaction with regard to the existence of a prima face case on the basis of specific allegations made in the complaint supported by satisfactory evidence and other material on

When a complaint is presented before Magistrate in which a request is made for taking action as mentioned in Section 2 (d) of the Code, the Magistrate has to ascertain as to whether the contentions made in complaint constitute any offence. If they constitute some offence, then the Magistrate is expected to take decision as to whether the matter needs to be referred to the Police for investigation as provided U/s.156(3) of the Code or he needs to proceed further as provided in Section 200 and subsequent section of Chapter XI of the Code. There is discretion to the Magistrate in this regard. Though the police officer is duty bound to register the case on receiving information of cognizable offence, the Magistrate is not bound to refer the matter to Police under section 156 (3) of the Code. In this regard reliance can placed on the decision in case of State of Maharashtra Vs. Shashikant Shinde, reported in 2013 ALL MR (Cri) 3060. However, if the Magistrate finds that the offence is triable exclusively by the Sesions Court then he need not issue order for investigation but shall himself hold an inquiry under section 2 (2) of the