THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7093 of 2011 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-accused seeking to quash the proceedings in C.C.No.174 of 2009 on the file of the Special Mobile First Class Magistrate, Ongole, Prakasam District, for the offence punishable under Section 138 of 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 offence basing on the affidavit filed by the complainant, which is bad in law. The 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 be examined himself on oath. 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 in the present case 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. With above observation, the Criminal Petition is disposed of. Miscellaneous petitions pending in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO Dated : 17.08.2011 v v