THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1137 OF 2011 ORDER: This criminal petition is filed under Section 482 Cr.P.C by the petitioners–accused Nos.1 to 3 seeking to quash the proceedings in C.C.No.620 of 2008 (Old C.C.No.140 of 2004) on the file of the Special Judicial First Class Magistrate for Excise and Prohibition, Visakhapatnam. The facts of the case are as follows: - A complaint is lodged by the complainant-first respondent herein against the petitioners-accused Nos.1 to 3 alleging the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Magistrate after perusal of the complaint and the sworn affidavit filed by the complainant took cognizance of the offence against the accused and issued summons to the accused-the petitioners herein. Learned counsel for the petitioners–accused No.1 to 3 submitted that without recording the sworn statement of the complainant, by merely considering the sworn affidavit filed by the complainant, the Court has no power to take cognizance of the offence against the accused. Heard both sides. This Court is also of the view that while taking cognizance of an offence on the basis of a complaint filed under Section 200 Cr.P.C., it is the mandatory duty of the Magistrate to peruse the complaint and take the sworn statement of the complainant on oath, and if any offence is made out, it is left open to the Magistrate to take cognizance. In the absence of recording the sworn statement of the complainant, the cognizance taken by the learned Magistrate is bad in law. Hence, the present Criminal Petition is disposed of and the cognizance of the offence taken by the learned Magistrate on the basis of the said private complaint is set aside and the learned Magistrate is directed to record the sworn statement of the complainant on oath and then proceed further in accordance with law. _________________ RAJA ELANGO, J 07th February, 2011 DR