THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.10999 of 2011 ORDER: Petitioner – Accused approaches this Court with a prayer to quash the proceedings against him in C.C.No.560 of 2011 on the file of the II Additional Judicial First Class Magistrate, Tanuku, West Godavari District, whereby he is facing charge for the offence punishable under Sections 138 and 142 of the Negotiable Instruments Act and 357 of Cr.P.C. Heard both sides. The main contention raised by the petitioner herein is that the learned Magistrate has taken cognizance of the offence without recording the sworn statement of the complainant herein. It is needless to say, the learned Magistrate while taking cognizance of the offence in a complaint filed under Section 200 Cr.P.C., necessarily after perusal of the complaint record the sworn statement of the complainant on oath and to take cognizance. The learned Magistrate on the basis of the affidavit filed by the complainant before the concerned Court treating the same as sworn statement has taken cognizance of the offence. Considering the same, the present cognizance taken in the said complaint is hereby set aside and the learned Magistrate is hereby directed to record the sworn statement on oath and to proceed against the petitioner in accordance with law. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. __________________ JUSTICE RAJA ELANGO 9th November 2011, Rns