THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2182 OF 2011 DATED 11th MARCH, 2011. BETWEEN : U.Anji Prasad .. Petitioner-accused and V.Gopala Krishna Murthy & another ..Respondents HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2182 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 in C.C.No.416 of 2010 on the file of the II Additional Munsif Magistrate, Ongole, for the offence under Section 138 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 case basing on the affidavit filed by the complainant and issued summons to the accused. Now, the present settled position is that prior to taking cognizance of any offence against the complaint filed under Section 200 Cr.P.C. the complainant should examine himself on oath and should depose the facts of the case before the Court. In view of the same, the cognizance taken by the learned Magistrate in the present case is liable to be set aside. Accordingly, the cognizance taken by the learned Magistrate is set aside. In any event, the first respondent-complainant is at liberty to approach the concerned Court and give sworn statement afresh before the Court and the learned Magistrate is directed to give an opportunity to the second respondent-complainant to give his sworn statement in the Court. After recording such sworn statement, learned Magistrate shall proceed further 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 : 11.03.2011 sur