- (1.) HEARD the parties.
(2.) BY this application under Section 482 Cr.P.C. the petitioner has praye for quashing the entire criminal proceeding including the order of cognizance dated 14-2-2006 passed by Judicial Magistrate, Dhanbad in C. P. Case No. 1944/05 whereby he has taken cognizance under Section 138 of Negotiable Instruments Act. It appears that complainant/O.P. No. 2 filed complaint case in the Court of C.J.M. Dhanbad alleging inter alia that petitioner took a sum of Rs. 1,50,000/- from O.P. No. 2 against which he issued a cheque of Rs. 33,000/- which was en-cashed but subsequently another cheque amounting to Rs. 1,17,000/- was dishonoured due to insufficient fund for which a legal notice was issued before filing of complaint case. On the basis of the allegation made in the complaint case, the Court below took cognizance for the offence under Section 18 of Negotiable Instruments Act. The order taking cognizance dated 14-2-2006, reads as under : 'Complainant is in attendance. Today the case is fixed for order Order Perused the complaint petition, affidavit of complainant and documents. On perusal of above it transpires that sufficient material is available for proceeding the case against the accused name noted in the complaint petition u/S. 138 N.I. Act. Hence, complainant is directed to file requisite within a week and put up on 29-3-06 for appearance.
(3.) LEARNED counsel for the petitioner assailed the order taking cognizance mainly on the ground that before taking cognizance, neither the complainant nor the witnesses were examined on oath by the Magistrate before passing the said order. I find force in the submission of the learned counsel.;