THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.P.NO.9816 OF 2009 ORDER: The application is filed to quash the proceedings in C.C.No.77 of 2006 on the file of the Court of III Additional Chief Metropolitan Magistrate, Gazuwaka, which was a private complaint for an offence under Section 138 of the Negotiable Instruments Act. The main contention of the learned counsel for the petitioners is that the case was taken on file without recording the statement of the complainant but only on the basis of the affidavit. It is not in dispute that the evidence also can be taken on an affidavit in criminal proceedings under Section 138 N.I Act. The case is pending for the last five years but at this stage the technicality raised by the petitioners cannot be a ground to quash the proceedings and the petitioners are at liberty to canvass the same during the trial and after the conclusion of the trial. Accordingly the Criminal Petition is dismissed. _______________________ N.R.L.NAGESWARA RAO,J 15-07-2011 TSNR