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TMI Blog2012 (4) TMI 746X X X X Extracts X X X X X X X X Extracts X X X X ..... e summoning order dated 16.01.2009 passed by the Metropolitan Magistrate in FIR No. 290 of 2002 registered at Police Station, Okhla Industrial Area, New Delhi under Section 420 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC. 3) Brief facts: a) The present cases pertain to a property dispute regarding distribution of the assets left behind by late Shri Gulshan Kumar (of T- Series fame). On 19.02.1998, a handwritten note was executed between the appellants and Respondent No. 2 wherein distribution of certain assets and shares in different companies was provided for. Subsequently, on 21.02.1998, a fresh agreement was entered into between the appellants and the Respondent No. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No.2. 5) The questions which arise for consideration in these appeals are: (a) Whether taking cognizance of an offence by the Magistrate is same as summoning an accused to appear? (b) Whether the Magistrate, while considering the question of summoning an accused, is required to assign reasons for the same? 6) In this context, it is relevant to extract Sections 190 and 204 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code which read as under: " 190. Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 87." 7) In S.K. Sinha, Chief Enforcement Officer vs. Videocon International Ltd. & Ors., (2008) 2 SCC 492, the expression " cognizance" was explained by this Court as it merely means " become aware of" and when used with reference to a court or a Judge, it connotes ' to take notice of judicially'. It indicates the point when a court or a Magistrate takes judicial notice of an offence with a view to initiating proceedings in respect of such offence said to have been committed by someone. It is entirely a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is sufficient ground for proceeding, then the summons may be issued. This section mandates the Magistrate to form an opinion as to whether there exists a sufficient ground for summons to be issued but it is nowhere mentioned in the section that the explicit narration of the same is mandatory, meaning thereby that it is not a pre-requisite for deciding the validity of the summons issued. 11) Time and again it has been stated by this Court that the summoning order under Section 204 of the Code requires no explicit reasons to be stated because it is imperative that the Magistrate must have taken notice of the accusations and applied his mind to the allegations made in the police report and the materials filed therewith. 12) In Kanti Bhadra S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the complaint or in the evidence led by the complainant in support of the allegations. The Magistrate has been given an undoubted discretion in the matter and the discretion has to be judicially exercised by him. It was further held that once the Magistrate has exercised his discretion, it is not for the High Court, or even this Court, to substitute its own discretion for that of the Magistrate or to examine the case on merits with a view to find out whether or not the allegations in the complaint, if proved, would ultimately end in conviction of the accused. 14) In Dy. Chief Controller of Imports & Exports vs. Roshanlal Agarwal & Ors. (2003) 4 SCC 139, this Court, in para 9, held as under: " 9. In determining the question whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 16) This being the settled legal position, the order passed by the Magistrate could not be faulted with only on the ground that the summoning order was not a reasoned order. 17) It is inherent in Section 251 of the Code that when an accused appears before the trial Court pursuant to summons issued under Section 204 of the Code in a summons trial case, it is the bounden duty of the trial Court to carefully go through the allegations made in the charge sheet or complaint and consider the evidence to come to a conclusion whether or not, commission of any offence is disclosed and if the answer is in the affirmative, the Magistrate shall explain the substance of the accusation to the accused and ask him whether he pleads guilty otherwise, he ..... X X X X Extracts X X X X X X X X Extracts X X X X
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