HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 4605 OF 2010 ORDER: The petitioner approaches the Court with a prayer to direct the learned Judicial Magistrate to forward the complaint filed by her for registration of a crime. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Learned counsel for the petitioner submitted that the petitioner filed a complaint under Section 190(1)(a), 200 read with 156(3) of Cr.P.C. for the offence punishable under Section 420 of IPC. It is seen from the records that the learned Magistrate after perusal of the complaint, directed the petitioner to produce the original cheque and also statement of accounts to take cognizance of the offence. It is well settled that when the complaint is filed before the Court, the Magistrate is not empowered to call for any records or any documents or to make any corrections in the complaint. It is for the Magistrate to decide whether the complaint discloses a cognizable offence and if he intends to proceed he can proceed under Section 200 Cr.P.C. or if the complaint discloses a cognizable offence to be investigated, he can forward the same under Section 156(3) of Cr.P.C. It is not the duty of the Magistrate to direct the complainant to fill up the lacunas and also to make out a case to become a cognizable offence. In view of the same, the present petition is allowed and the learned Magistrate is directed to peruse the complaint and to proceed in accordance with law without insisting for any further documents. If any documents to be filed, it is the duty of the complainant, but it is not the duty of the Magistrate to insist for the same. With the above observation, the Criminal Petition is disposed of. __________________ JUSTICE RAJA ELANGO Date: 13.07.2010 Rns