A.C. Goyal, J. - (1.) This petition under Section 482 Cr.RC. is directed against the order dated 1.8.2001 whereby the learned Additional Sessions Judge No. 2, Ajmer upheld the order of taking cognizance against the accused petitioner by dismissing the application of the accused petitioner on 5.1.2001.
(2.) The facts of the brief are that the respondent No. 2 - complainant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (in short the Act) with the averments that the accused petitioner got his Maruti Car repaired from the workshop of the complainant and issued two cheques in June and July, 1997 for a total sum of Rs. 1,11,000/-. Both the cheques were returned as dishonoured by the bank. Thereafter, the accused petitioner received back these two cheques and delivered a new cheque on 25.8.1997 for a total sum of Rs. 1,16,319/-. This cheque was also dishonoured when presented in the bank vide memo dated 4.9.1997. The complainant served a notice to make the payment but the accused petitioner failed to make the payment within prescribed period.
(3.) Learned Magistrate forwarded this complaint for investigation to concerned police station. The police, after investigation submitted final report. On protest petition, the Magistrate conducted an inquiry and took cognizance vide order dated 2.4.1998 under Section 138 of the Act.;