THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.5748 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 initiated against him in C.C.No.882 of 2010 on the file of the III Additional Chief Metropolitan Magistrate, Hyderabad, wherein he is facing trial for the offence punishable under Section 138 read with 142 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. It is well settled law that prior to taking cognizance of any offence on the basis of the complaint filed under Section 200 Cr.P.C., the trial Court should peruse the complaint and the complainant should be examined on oath. A perusal of the complaint and the material on record reveals that the contention of the learned counsel for the petitioner is apt. In view of the above, the cognizance taken by the learned Magistrate in the present case is set aside. In any event, if the first respondent-complainant herein so desires to give sworn statement afresh on oath before the Court, he is at liberty to do so and, thereupon, the learned Magistrate shall record such sworn statement and proceed with the case in accordance with law. 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 Dated: 19.12.2011 v v