- (1.)THIS application has been filed under Section 482 of the Code of Criminal procedure (the Code) for quashing the order dated 7. 2. 2002 passed by the Sub-Divisional Judicial Magistrate, Jamshedpur, C/l Case No. 829 of 2001 whereby the learned Magistrate took cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act) and also for quashing of all further criminal proceedings in the aforesaid case.
(2.)THE case of the prosecution in brief is that opposite party No. 2/ complainant filed a complaint case alleging, inter alia, that the petitioner and the complainant were well known and the petitioner, had approached the complainant to give a sum of Rs. 40,000/- as he was in urgent need of money. On his request, the petitioner was paid Rs. 40,000/- and, accordingly, a cheque of Rs. 40,000/- bearing Cheque No. "481903" "226015005" of the Canara bank, Hi-Tech. Agricultural Finance Branch, Lucknow dated 20. 4. 2001 was issued by the petitioner to the complainant. The complainant informed the accused/petitioner regarding the dishonouring of the cheque after some time. The complainant again presented the cheque but it was again dishonoured with a return memo dated 18. 6. 2001 issued by the Canara Bank with a note that the payment has been stopped by the drawer/accused-petitioner. The complainant issued a notice dated 29. 6. 2001 to which the petitioner demanded payment of Rs. 40,000/- but the petitioner did not pay the amount and thereafter the complainant filed the instant complaint case.
(3.)THE complainant has been examined on solemn a affirmation and one another witness has also supported the case and after finding prima facie case, the learned Magistrate took cognizance of the offence by the order impugned, hence this application.