HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3411 of 2010 ORDER: This Criminal Petition is filed by the petitioner-accused, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.773 of 2007 on the file of the Chief Metropolitan Magistrate, Visakhapatnam, taken on file for the offence punishable under Section 138 of the Negotiable Instruments Act (for short “the Act”). Heard and perused the record. The main grievance of the petitioner is that the trial Court without examining the complainant on oath and recording his sworn statement, took cognizance of the offence under Section 138 of the Act, contrary to the provisions of Section 200 Cr.P.C. If the Magistrate wants to take cognizance of an offence on a complaint, he shall first examine the complainant on oath and record his sworn statement and then only he is at liberty to take cognizance of the offence. Whereas, in the present case, the learned Chief Metropolitan Magistrate, without examining the complainant on oath and recording his sworn statement, took cognizance of the offence under Section 138 of the Act, placing reliance on the affidavit filed by the complainant, which is evident from the docket order dated 08.10.2009 passed by him. Therefore, this Court is of the view that taking of cognizance by placing reliance on the affidavit filed by the complainant is bad in law and the cognizance taken by the learned Chief Metropolitan Magistrate is liable to be set aside. Accordingly, the Criminal Petition is allowed and the cognizance taken by the learned Chief Metropolitan Magistrate is hereby set aside and the learned Magistrate is directed to proceed with the case, in accordance with law. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 13th September, 2011 cbs HON’BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.3411 of 2010 (Allowed) 13th September, 2011 cbs