https://www.taxtmi.com/caselaws?id=425615 Cognizance must be taken on the offences actually disclosed in the complaint and only after application of judicial mind; a mechanical printed order is invalid. Here, the complaint alleged defamation, threat and assault, but the Magistrate first recorded cognizance as if the matter fell under Section 138 of the Negotiable Instruments Act, and the transferee court later issued process under sections not reflected in the complaint. As the orders did not show proper application of mind and proceeded on a basis not disclosed in the complaint, the criminal proceeding was quashed. en-us Tue, 19 Jul 2022 00:00:00 +0530 Thu, 28 Jul 2022 09:08:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=425615 Cognizance must be taken on the offences actually disclosed in the complaint and only after application of judicial mind; a mechanical printed order is invalid. Here, the complaint alleged defamation, threat and assault, but the Magistrate first recorded cognizance as if the matter fell under Section 138 of the Negotiable Instruments Act, and the transferee court later issued process under sections not reflected in the complaint. As the orders did not show proper application of mind and proceeded on a basis not disclosed in the complaint, the criminal proceeding was quashed. Case-Laws Indian Laws Tue, 19 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=425615