- (1.) Two short, but, important questions of law are involved in this petition. The questions are : (i) When Magistrate can be said to have taken the cognizance ? (ii) Whether after taking cognizance of a cognizable offence, the power under Section 156 (3); Cr. P.C. can be invoked by the Magistrate.' In other words, at what stage a complaint can be forwarded to the concerned police station for an investigation in exercise of powers under Section 156 (3) ?
(2.) The above questions have arisen in the following circumstances : Non-petitioner No. 2 herein, made a complaint on July 14, 1993 before the Court of Additional Munsiff and Judicial Magistrate, No. 6, Jaipur City against the petitioner and other co-accused persons alleging that the petitioner and other accused-persons came to his shop to purchase a tractor which was sold to them after demonstration and trial and delivery was handed over on the assurance that the price shall be paid on the sanction of the loan from Aravali Land Development Bank, where they have applied for grant of loan. According to the complainant right from the very beginning, the accused had no intention to pay the price of the tractor and on a false representation they deceived him and as such committed offences under Sections 406 and 420, I.P.C.
(3.) On receipt of the complaint, the learned Magistrate obtained a report from the office. The office reported on 12-7-93 that the complaint was triable and was within territorial jurisdiction of the Court. Thereafter, the learned Magistrate passed the following order : (English Translation) "15-7-93 - Complainant along with his counsel present. Office report perused. The complaint is of the jurisdiction of the Court. It may be registered for recording the statement of the complainant. The case be listed on 29-7-93. Additional Munsiff and Judicial Magistrate, No. 6, Jaipur City" ;