1. Heard learned counsel for the parties. 2. Judicial Magistrate, 1st Class (Munsiff) Billawar issued process against the petitioner on respondent's Complaint under Section 138 of the Negotiable Instruments Act, relying on the statement of respondent's Attorney-Charan Dass Gupta. Certified Copy of the statement placed on records reveals that no oath was administered to the Attorney before recording his statement. The Learned Magistrate, therefore, appears to have satisfied himself on the basis of the statement of the Attorney that was recorded without administering oath. 3. Process under Section 204 of the Code of Criminal Procedure may be issued only when the Magistrate was satisfied that the evidence produced by the Complainant warranted issuance of such process. Such satisfaction, in terms of the Section is required to be recorded on the basis of the material on records and the statement of the Complainant and his witnesses, if any, on oath. Process issued by the learned Magistrate, relying on the statement of Charan Dass Gupta recorded without administering him oath cannot, therefore, be sustained, in that, unsworn statement cannot form basis of satisfaction contemplated by Section 204 of the Code of Criminal Procedure. 4. Orders passed by the learned Magistrate on 02.02.2010 and subsequent thereto are, therefore, illegal and unjustified, hence quashed. 5. The respondent's Complaint is remanded to the learned Magistrate for his consideration afresh in accordance with Law.