H.R.PANWAR, J. - (1.) THIS criminal misc. petition is directed against the order dt. 20.5.2005 passed by Judicial Magistrate No. 3, Jodhpur (for short 'the Trial Court' hereinafter) taking cognizance of offence under section 138 of the Ne gotiable Instruments Act, 1881 (for short 'the Act' hereinafter).
(2.) HEARD learned counsel for the parties. Perused the order impugned. On a complaint filed by respondent No. 2 under section 138 of the Act on the ground that the cheque issued by the petitioner in favour of respondent No. 2 on being presented to the bank, returned unpaid and dishonoured. Thereafter, a notice demanding cheque amount was given to the petitioner within a statutory period. The petitioner having failed to pay the cheque amount, a cause of action arose and a complaint has been filed. Learned counsel has placed on record a complaint, copy of cheque, return memo of bank, notice etc.
(3.) ON perusal of the complaint and documents annexed thereto, the Trial Court took the cognizance and accusations were read over to the petitioner and complainant respondent No. 2 made statement on oath before the Trial I Court. He was subjected to cross-examination by the petitioner. The petitioner I made statement under section 313 Cr.P.C. and the matter is fixed for defence evidence. ;