THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12264 of 2011 ORDER: Petitioner – accused approached this Court by invoking the provisions of Section 482 Cr.P.C. seeking to quash the proceedings against her in C.C. No. 172 of 2010 on the file of the III Metropolitan Magistrate, Visakhapatnam, whereby she is facing trial for the offences punishable under Sections 138 and 142 of the Negotiable Instruments Act, 1881. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the State. Petitioner challenges taking of cognisance of the case by the trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. It is submitted by the learned counsel for the petitioner that the trial Court has taken cognisance of the case placing reliance on the affidavit filed by the complainant and without examining her on oath. Taking into consideration, the argument advanced by the learned counsel for the petitioner, this Court is of the view that if the learned Magistrate has taken cognisance of the offence without examining the complainant on oath, the cognisance taken by the Magistrate is liable to be set aside and is hereby set aside and the learned Magistrate is at liberty to take cognisance of the case after examining the complainant on oath and to proceed further in the matter. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. Dt. 30.11.2011 lvl THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.12264 of 2011 Dt. 30.11.2011