J.C.S. Rawat, J.—Heard Sri Vinod Sharma learned counsel for the applicant and learned A.G.A. and perused the record.

2. The present application has been filed under Section 482, Cr.P.C. for quashing the criminal proceedings in case No. 1804/2004 State v. Vinod Singh Negi pending before the Chief Judicial Magistrate Dehradun.

3. Brief facts are that a complaint was filed under Section 138 of the Negotiable Instruments Act before the Chief Judicial Magistrate, Dehradun. The complainant filed the affidavits in support of his case under Sections 200 and 202, Cr.P.C. and thereafter the cognizance was taken by the learned Magistrate vide Order dated 3.9. 2003. Feeling aggrieved by the said Order the present application has been filed under Section 482, Cr.P.C.

4. The only point raised before me is as to whether the complainant was entitled to file the affidavits in support of his evidence under Sections 200 and 202, Cr.P.C. or not. The learned counsel for the applicant contended that under Sections 200 and 202, Cr.P.C. the statements on oath have to be recorded by the learned Magistrate. The learned counsel for the applicant further contended that in the present case the complainant wa