A V R MURTHY Vs. NUNNA VENKATA RAVANAMMA

JUDGEMENT

(1.) These two petitions are filed under Section 482 Cr.P.C by the accused for quashing proceedings in C.C. Nos.861 of 2009 and 843 of 2009 on the file of I Additional Chief Metropolitan Magistrate, Visakhapatnam relating to offences punishable under Section 138 of Negotiable Instruments Act. The 1st respondent in both the petitions are the respective complaints in the said criminal cases. The cases were filed in the lower Court on the ground that the petitioner/accused issued respective cheques in favour of the respective complainants for the respective amounts in discharge of respective legally enforceable debts and that when the respective complainants presented them for encashment, those cheques were dishonoured. After the respective complainants filed respective complaints in the lower Court, the lower Court took cognizance of the offences against the petitioner after receiving sworn statements of the respective complainants by way of affidavits.

(2.) The only point on which the petitioner is seeking quashing of the criminal cases is that the lower Court did not follow the procedure prescribed by law before taking cognizance in as much as the lower Court did not record sworn statements of the respective complainants and instead received sworn affidavits of the respective complainants in lieu of the recording of their sworn statements.

(3.) Section 200 Cr.P.C which is relevant herein, reads as follows: