TOTANGOUDA Vs. GALEPPA

JUDGEMENT

(1.) The short question that falls for consideration in this petition filed under Section 482 of Cr.P.C. is whether in a private complaint filed under Section 200 of Cr.P.C., not involving commission of the offence punishable under Section 138 of the Negotiable Instruments, Act, 1881, the learned JMFC can substitute the mandatory requirement of recording sworn statement before taking cognizance by accepting only an affidavit of the complainant?

(2.) The petitioners who are accused Nos.1 to 23 are praying for quashing of all further proceedings in CC No.789/2017 on the file of the learned Additional Civil Judge and JMFC, Koppal, for the offence punishable under Section 500 of IPC.

(3.) The learned JMFC by order dated 10/10/2017 has taken cognizance for the offence punishable under Section 500 of IPC and pursuant to the same, he has directed issue of process to the petitioners herein. In the said order, the learned JFMC has noted that he had perused the complaint, documents and also statements of witnesses .