Mohan M. Shantanagoudar, J.

1. The records are placed before this Bench to decide the following question:

“Having regard to the amendment to the 1881 Act, brought about by the amending Act 55/2002, and the statement of objects and reasons thereto, with effect from 6.2.2003, whereby Sections 143 to 147 are inserted, whether the recording of a sworn statement by the Magistrate as required under Section 200 Cr.P.C. in proceedings instituted for an offence punishable under Section 138 of the 1881 Act, would be mandatory and whether the same could either be dispensed with or an affidavit be received in lieu of a sworn statement?

2. The records reveal that the petitioner was tried for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I. Act’ for short). The Trial Court convicted the accused/petitioner and imposed sentence of imprisonment and fine. The order of the Trial Court convicting and sentencing the accused is confirmed by the Lower Appellate Court. The orders of the Courts below are questioned in this Criminal Revision Petition.

During the hearing of Criminal Revision Petition, it appears the Learned Advocate for the accused argued that due to n