D.G.R. Patnaik, J. - (1.) HEARD Counsel for the petitioner and Counsel for the State as also Counsel for the Opposite Party No. 2.
(2.) THE petitioner in this application has prayed for quashing the order of cognizance dated 16.11.2006 passed in Complaint Case No. C -2/06 whereby the learned court below has taken cognizance of the offence under Sections 420/406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act against the petitioner. The petitioner has assailed the impugned order of cognizance on the ground that the same has been passed without application of mind and further, that the complainant namely the Opposite Party No. 2 has filed the complaint petition by suppressing material facts and thereby misleading the court below.
(3.) LEARNED Counsel for the Opposite Party No. 2, on the other hand, submits that the grounds as raised by the petitioner in this application are totally misconceived and misleading and as a matter of fact, the case pure and simple is that the petitioner had admittedly obtained a loan of Rs. 60,000/ - from the Opposite Party No. 2 and towards part re -payment, he had issued a cheque for a sum of Rs. 30,000/ - with the assurance that the cheque would be encashed by the bank and that the petitioner has sufficient funds in his account for enabling payment of the cheque, but when the cheque was produced before the bank for payment, the same was dishonoured on the ground of insufficiency of funds in the account of the petitioner.;