P.V. Narayanan Nambiar, J. – A complaint alleging offence punishable under Section 138 of the Negotiable Instruments Act. 1881 (hereinafter referred to as "the Act") was filed by the petitioner through his pleader. The complainant could not be present before the court on the day of presentation of tl1e complaint as he was hospitalised due to a motor. accident. The complaint was filed on the last day of limitation but the same was returned by the Judicial First Class Magistrate's Court II Ernakulam holding that there is no provision in the Code of Criminal Procedure enabling the Court to receive a complaint under Section 200 of the Code in the absence of the complainant. This order is under challenge. So, the question to be considered in this petition is whether a complaint could be presented before the Court by a pleader in the absence of the complainant.

2. Section 190 Cr. P.C, empowers a Magistrate to take cognizance of any offence (a) upon receiving a complaint of facts which constitute such offence;(b) upon a police report of such fads and (c) upon information received from any person other than a police officer or upon his own knowledge that such offence has been committed