THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.559 OF 2011 DATED 25th JANUARY, 2011. BETWEEN : D.Sumalatha .. Petitioner-accused and 1) Gandi Akkunaidu 2) The State of A.P. ..Respondents THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.559 of 2011 ORDER: Petitioner approaches this Court with a prayer to set aside the cognizance taken by the learned Judicial First Class Magistrate, Tuni, East Godavari District, in C.C.No.174 of 2010 for an offence punishable under Section 138 of Negotiable Instruments Act. Heard. Learned counsel for the petitioner submits that the learned Magistrate took cognizance on the basis of the sworn affidavit filed by the complainant, without examining the complainant and recording his sworn statement. Now, the present settled position is that prior to taking cognizance of any offence basing on the complaint filed under Section 200 Cr.P.C. the complainant should examine himself on oath and should depose the facts of the case before the Court. In view of the same, the cognizance taken by the learned Magistrate in the present case is liable to be set aside. Accordingly, the cognizance taken by the learned Magistrate is set aside. In any event, the first respondent-complainant is at liberty to approach the concerned Court and give sworn statement afresh before the Court and the learned Magistrate is directed to give an opportunity to the respondent-complainant to give his sworn statement in the Court. After recording such sworn statement, learned Magistrate shall proceed further in accordance with law, if the sworn statement of the complainant discloses any cognizable offence. The learned counsel for the petitioner further submits that during the pendency of this petition, learned Magistrate issued warrant against the petitioner. Hence, the petitioner shall appear before the learned Magistrate and file an application seeking to recall the warrant issued against him, upon which, the learned Magistrate shall recall the warrant issued against the petitioner. With above observation, the Criminal Petition is disposed of. Miscellaneous petitions filed in this Criminal Petition, if any, shall stand closed. __________________ RAJA ELANGO, J 25th January, 2011 VJL/SUR