THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 7805 OF 2010. O R D E R : This Criminal Petition filed under section 482 of Cr.P.C., seeking to quash the proceedings in CC.No.55 of 2007 on the file of the Court of II-Additional Chief Metropolitan Magistrate, Visakhapatnam and to stall all further proceedings including appearance of the petitioners, pending disposal of the above criminal petition and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor. The petitioners approached this Court with a prayer to quash the complaint filed under section 138 of the Negotiable Instruments Act on the file of the Court of II-Additional Chief Metropolitan Magistrate, Visakhapatnam. The main grievance of the petitioners herein is that the learned Magistrate has taken cognizance of the offence on the basis of the complaint filed by the defacto complainant. The learned counsel for the petitioners submitted that the cognizance of the offence in a complaint filed under section 200 Cr.P.C. necessarily the learned Magistrate has to examine the complainant then only he can take cognizance of the offence. This Court is of the view that the cognizance taken by the learned Magistrate is erroneous and the same is hereby set aside. In any event, the learned Magistrate is at liberty to examine the complainant on oath if necessary to take cognizance on the basis of the statement given by the complainant. With the above observation, the Criminal Petition is disposed of. _______________________ JUSTICE RAJA ELANGO. 17-08-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7805 OF 2010 17-08-2010 I s L