Legal Provisions of Section 343 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
This section lays down that where a complaint is made to a Magistrate either under Section 340 or Section 341, it is incumbent upon such Magistrate to proceed with the case as if it were instituted on a police report as dealt with under Chapter XIX, of the Code. The effect of the complaint under this section is to remove the bar under Section 195 for taking cognizance of the offence.
ADVERTISEMENTS:
Sub-section (2) relates to stay of proceedings and empowers the Magistrate to adjourn the hearing of the case, pending disposal of the appeal. However, the Magistrate is not bound to adjourn the case as he has been given discretion to take a decision in this regard.
But it is desirable that he should adjourn the case in order to remove the hardship and possible injustice which may be caused to the accused person in the event of the Appellate Court reversing the decision of the trial Court in the original case in which the offence was alleged to have been committed, because in that event the very basis of the prosecution may disappear.
A complaint for taking action under this section need not necessarily be made by party to the proceedings in which false documents are used. Even a stranger to the proceedings may apply for action being taken under this section.