AMITA GAS SERVICE Vs. RAMAN GUPTA

JUDGEMENT

(1.) THIS order shall govern the disposal of the M.Cr.C. No.427/10 and 433/10.

(2.) INVOKING the extraordinary powers of this court under Section 482 CrPC petitioners have preferred this petition for setting aside the orders dated 07.09:2007 and 08.01.2008 passed by the Special Judge, Gwalior in Criminal Case No.10751/07 and 167/08 whereby on complaint filed by respondents cognizance has been taken against present petitioners under Section 138 of Negotiable Instruments Act.

(3.) IT is contended by the learned counsel for the petitioners that orders of learned trial court of taking cognizance is improper, illegal and learned trial court has erred in taking cognizance against the petitioners as state ment of complainant and his witnesses have not been recorded under Sections 200 and 202 CrPC and only on the basis of affidavit sworn by complainant cognizance has been taken while it is mandatory to record statement of complainant as well as witnesses before taking cognizance. Hence the impugned orders are to be quashed. Learned counsel for the petitioners drew this Court's attention to a citation National Small Industries Corporation Limited v. State (NCT of Delhi) and others (2009) 1 SCC 407 : (AIR 2009 SC 1284) wherein it is held that examination of complainant under Section 200 CrPC is mandatory. Apex Court quoted the following observations made in Associated Cement Co. Ltd. v. Keshavanand (1998) 1 SCC 687 : (AIR 1998 SC 596) with approval.