Dr. G. Yethirajulu, J.—This Revision Case is filed against the Order of the learned Magistrate dated 13.12.2005 in Crl. M. P. No. 3249 of 2005 in C.C. No.100 of 2004, on the file of the Judicial Magistrate of First Class, S. Kota. An application was filed under Section 138 of the Negotiable Instruments Act (for short ‘the Act’) by the petitioner to discharge him, on the ground that the procedure prescribed under Section 200 Cr.P.C., is not followed by the learned Magistrate while taking cognizance of the offence. Therefore, he is entitled for discharge and further proceedings shall not be conducted. The learned Magistrate, after hearing both parties, dismissed the application by observing that “the respondent gave the affidavit on oath, basing on the affidavit, complaint was taken on file, the petitioner did not raise the said objection at the first instance and he raised the said objection when the matter is coming up for defence evidence. The petition is filed at the fag end of the case. In the result petition is dismissed”.

2. Learned counsel for the petitioner submitted that as per Section 200 Cr.P.C., the sworn statement of the complainant and the witnesses and such othe