1. This petition under Section 561-A Cr. P. C. calls in question the order dated 18.04.2016 passed by the learned Chief Judicial Magistrate, Srinagar in a complaint case filed for the commission of offence under Section 138 Negotiable Instruments Act, on its transfer to the said court from the court of Judicial Magistrate, 1st Class, Budgam. The impugned order reads as under:

“From the perusal of the record it has been observed that the statement of accused has been recorded u/s 242 Cr. P. C. on oath. As per Criminal Procedure Code the statement u/s 242 Cr. P. C. cannot be recorded on oath but has to be recorded without oath. As said error goes into the root of the case as such said error is rectified by recording the statement of the accused u/s 242 Cr. P. C. The accused in his statement has admitted to have issued two cheques for an amount of Two Lakhs and has also admitted that cheques have been bounced and has never paid the said amount. Accused has further stated that he has not received the notice. As per Negotiable Instrument Act and the judgments which have been passed by different courts as well as by Apex Court as soon as the accused gets the knowledge of the not