THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11029 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.935 of 2010 on the ﬁle of the II Additional Judicial First Class Magistrate, Tanuku, West Godavari District, wherein he is facing trial for the oﬀences punishable under Sections 138 and 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 Sections 190 & 200 Cr.P.C., the learned 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, it 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 above observation, the Criminal Petition is disposed of. Miscellaneous petitions pending in this Criminal Petition, if any, shall stand closed. ___________________ JUSTICE RAJA ELANGO Dated: 09.11.2011 v v