JITENDRA SINGH KUSHWAHA Vs. BHAJAN LAL RAI

JUDGEMENT

(1.) THE applicant has filed this petition under section 482 of Cr.P.C. for quashment of criminal proceedings before the Special Magistrate, Gwalior in case No. 3545/07, whereby cognizance under section 138 of the Negotiable Instrument Act (For short hereinafter referred as "NI Act") has been taken by the trial court on a complaint filed by the respondent/ complainant.

(2.) BRIEFLY stated facts of the case are that the respondent/complainant has filed criminal complaint under section 138 of the NI Act against the present applicant. On this written complaint, the learned trial court has taken cognizance against the applicant/accused and proceeded with the trial in the presence of the applicant. The applicant has also cross -examined the complainant and presently the case is fixed for final argument. At this stage, the applicant came up before this Court by this petition under Section 482 of Cr.P.C. stating that the learned trial court without recording the statement of the complainant under section 200 of Cr.P.C. has directly taken cognizance against the applicant for an offence under section 138 of NI Act and without recording statement of the complainant under Section 200 Cr.P.C, taking of cognizance by the trial court is erroneous and illegal. Therefore, he prayed for quashment of the entire proceedings pending before the trial court.

(3.) LEARNED counsel appearing on behalf of the complainant submitted that taking of cognizance on the basis of written complaint supported by affidavit, the learned trial court has not committed illegality by taking cognizance. Therefore, prayed for dismissal of the petition.