HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11009 OF 2011 ORDER: Petitioners approach this Court invoking the provisions under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings in C.C.No.33 of 2010 on the file of the IV Additional Chief Metropolitan Magistrate, which was later transferred and renumbered as C.C.No.93 of 2011 on the file of the II Special Metropolitan Magistrate, Visakhapatnam, for the offence punishable under Sections 138 and 142 of Negotiable Instruments Act. Heard. Learned counsel for the petitioners 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/herself 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 her 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 petitioners before the trial Court is dispensed with except on the dates the learned trial Judge insists for the same and they shall be properly represented by their counsel. With above observation, the Criminal Petition is disposed of. Miscellaneous petitions pending in this Criminal Petition, if any, shall stand closed. __________________ JUSTICE RAJA ELANGO 9th November 2011 Rns