https://www.taxtmi.com/caselaws?id=392361 A Magistrate may direct registration of a complaint as an FIR and investigation under Section 156(3) CrPC at the pre-cognizance stage if prima facie a cognizable offence is disclosed; Section 202 concerns postponement of process after cognizance and does not control that power. Where a commercial transaction also alleges cheating and dishonest inducement, the mere availability of a remedy under Section 138 of the Negotiable Instruments Act does not bar criminal proceedings for Penal Code offences. On those facts, the challenge to the investigation order and the request for quashing were rejected. en-us Tue, 11 Feb 2020 00:00:00 +0530 Wed, 19 Feb 2020 10:04:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=392361 A Magistrate may direct registration of a complaint as an FIR and investigation under Section 156(3) CrPC at the pre-cognizance stage if prima facie a cognizable offence is disclosed; Section 202 concerns postponement of process after cognizance and does not control that power. Where a commercial transaction also alleges cheating and dishonest inducement, the mere availability of a remedy under Section 138 of the Negotiable Instruments Act does not bar criminal proceedings for Penal Code offences. On those facts, the challenge to the investigation order and the request for quashing were rejected. Case-Laws Indian Laws Tue, 11 Feb 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=392361