K SRINIVASA Vs. KASHINATH

JUDGEMENT

(1.) THE petitioner herein, who is the accused in C. C. No. 26750/2003 {p. C. R. No. 323/2003) pending on the file of XIV additional Chief Metropolitan Magistrate court, Bangalore has come forward with the present revision seeking for setting aside the order of issuing process and for quashing of the proceedings in the said criminal case.

(2.) THE records disclose that the respondent herein lodged the complaint before the court below alleging the offence punishable under Section 138 of the Negotiable Instruments act (hereinafter referred to as "act" for short) against petitioner. By the order dated 15-3-2003, the Court below ordered to issue of process against the petitioner for the said offence.

(3.) THE main point canvassed by learned counsel for petitioner is that the Court below has gravely erred in issuing process against the petitioner without recording the sworn statement of the complainant; and that the Court below has , on the basis of the averments made in the affidavit filed by the complainant has issued process. According to the learned counsel for the petitioner, the recording of sworn statement cannot be dispensed with as the same is mandatory under the provisions of Section 200 of the Code of Criminal Procedure. In other words, the affidavit of the complainant cannot substitute the mandatory requirement of the sworn statement of the complainant prior to issuing of process. On the said ground the learned counsel for the petitioner prays for quashing of the entire proceedings against the petitioner.