JUDGMENT: - How is a Magistrate under Section 200 Cr.P.C. "to examine upon oath the complainant and the witnesses present"? What is the role of the learned Magistrate at that stage of the proceedings? Is the Magistrate to function in an activist and dynamic manner to elicit the relevant information from the complainant and his witnesses? Is the Magistrate only to record what the complainant and his witnesses state on oath? These are the interesting questions that arise for consideration in this case.

2. The petitioner went before the learned Magistrate with a complaint under Section 138 of the Negotiable Instruments Act and Section 420 of the Indian Penal Code. The crime relates to a cheque for Rs.10,000/ - . The complainant was put in the witness stand and his statement was recorded. Paragraphs 2 and 3 of the impugned order reveal what precisely had happened. I extract he same below: -

"2. The sworn statement of the complainant was recorded on 8 - 1 - 96. He has stated that on 20 - 8 - 95 the respondent borrowed an amount of Rs.10,000/ - from him. Thereafter on 21 - 9 - 95 the respondent gave a cheque to the complainant for Rs.10,000/ - which when presented

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