HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 1243 of 2011 ORDER: The petitioner approached this Court with a prayer to quash the proceedings in C.C.No.73of 2008 on the file of the III Metropolitan Magistrate at Visakhapatnam, registered for the offence punishable under Section 138 of the Negotiable Instruments Act. The learned counsel appearing for the petitioner submitted that without examining the complainant and recording his sworn statement, the learned Magistrate has taken cognizance of the offence. This Court is of the view that the cognizance taken without examining the complainant and recording his sworn statement is erroneous. Hence, the cognizance taken by the learned Magistrate is set aside. In any event, if the complainant appears and gives his sworn statement in the present complaint, the learned Magistrate is at liberty to proceed further in accordance with law. With the above observation, the Criminal Petition is disposed of. ______________ RAJA ELANGO, J Date: 09-02-2011 YCR