MOHD. ANWAR ALI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) BY this application under Section 482, Code of Criminal Procedure the Petitioner has prayed for quashing the entire criminal proceeding including the order of cognizance dated 14.2.2006 passed by Judicial Magistrate. Dhanbad in C.P. Case No. 1944/05 whereby he has taken cognizance under Section 138 of Negotiable Instruments Act.

(3.) LEARNED Counsel for the Petitioner assailed the order taking cognizance mainly on the ground that before taking cognizance, neither the complainant nor the witnesses were examined on oath by the Magistrate before passing the said order. It find force in the submission of the learned Counsel.