H.R.PANWAR, J. - (1.) BY Both these petitions under -Section 482 Cr.P.C. the accused-petitioner has challenged the order dt. 4.3.2006 passed by Judicial Magistrate No. 3 Bikaner (for short 'the Trial Court' hereinafter) taking cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the act' hereinafter) and issuing process against the petitioner.
(2.) I have heard learned counsel for the petitioner. Carefully gone through the order impugned. It appears that on complaint, filed by respondent No. 2 under section 138 of the Act supported by an affidavit and other material, the Trial Court prima facie came to the conclusion that there is a ground to proceed against the petitioner for the said offence and, therefore took the cognizance and issued the process against the petitioner,
(3.) IT is contended by learned counsel for the petitioner that there had been a partnership-agreement dt. 29.9.2004 under which certain cheques were given to complainant-respondent No. 2 by the petitioner duly signed by him, which have been misused by respondent No. 2 and, therefore, the order taking cognizance is bad.;