THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11383 of 2010 ORDER: Petitioner approaches this Court with a prayer to quash the proceedings in C.C.No.730 of 2009 on the file of the IX Additional Chief Metropolitan Magistrate, Hyderabad, whereby she is facing charge for the offence under Section 138 of the Negotiable Instruments Act. Heard both sides. The main grievance of the petitioner herein is that the learned Magistrate taken cognizance of the said offence on the basis of the affidavit filed by the complainant and without taking the sworn statement of the complainant. This Court is of the view that the cognizance taken by the learned Magistrate without taking the sworn statement of the complainant is erroneous in law. Hence, the same is hereby set aside. In any event, wrong taking of cognizance will not vitiate the trial. Hence, if the complainant is willing to depose before the Court and record the sworn statement, the learned Magistrate is at liberty to record the same and to decide the issue in accordance with law. In the meanwhile, the presence of the petitioner before the trial Court is dispensed with. Warrant, if any is pending against the petitioner, the same is hereby recalled. With the above observation, the Criminal Petition is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ________________ RAJA ELANGO, J. 25th February 2011, Rns.