THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 10850 of 2011 ORDER: Petitioner approaches this court by invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against him in C.C.No.71 of 2010 on the file of the IV Additional Chief Metropolitan Magistrate, Visakhapatnam, whereby he is arrayed as accused for the offence punishable under Section 138 and 142 of Negotiable Instruments Act. 2. Heard both sides. 3. The grievance of the petitioner is that the trial Court has taken cognizance for an offence under Section 138 of the Negotiable Instruments Act without examining the complainant and recording the sworn statement. But the trial Court takes cognizance on the basis of a complaint filed under Section 200 Cr.P.C. 4. It is the bounden duty of the trial Court to examine the complainant on oath and record the complainant’s sworn statement, then it has to take cognizance. In the present case as per the petition filed by the petitioner herein, without recording the sworn statement the complaint has been taken on file. 5. Considering these circumstances, the cognizance taken in the present case is hereby set aside and the learned Magistrate is at liberty to take sworn statement of the complainant if the complainant is willing to give the same and to proceed further in accordance with law. 6. With the above observation, the Criminal Petition is disposed of. The Miscellaneous Petitions, if any, filed along with this Criminal Petition shall stand closed. __________________ JUSTICE RAJA ELANGO 5th November 2011 Rns