THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7404 of 2011 ORDER: Petitioner approaches this Court by invoking the provisions under Section 482 of Cr.P.C. seeking to quash the proceedings against him in C.C.No.632 of 2009 on the file of the II Additional Chief Metropolitan Magistrate, Visakhapatnam, wherein he is arrayed as accused for the offence punishable under Section 138 of the Negotiable Instruments Act. Heard. Learned counsel for the petitioner submitted that in the present case the learned Magistrate, without recording the sworn statement of the complainant, has directly taken cognizance of the case basing on the affidavit filed by the complainant and issued summons to the accused. Now, the present settled position is that prior to taking cognizance of any offence against 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 first respondent-complainant to give his sworn statement in the Court. After recording such sworn statement, learned Magistrate shall proceed further in accordance with law. Further, taking into consideration the nature of allegations, the presence of the petitioner before the trial Court is dispensed with except the dates on which the learned Magistrate insists for the same and he shall be properly represented by his counsel. With the above observation, the Criminal Petition is disposed of. Miscellaneous petitions pending in this Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 24th August 2011 Rns