- (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State and also learned counsel appearing for the opposite party no.2.
(2.) It is the case of the petitioner that two cheques had been given to one Shankar Lal Bhauka, father of the complainant Shiv Kumar Bharuka wherein petitioner had put in the amount and the signature whereas payee's name had been left open. The said cheque had been given by way of security. Subsequently, the complainant got the name of Shiv Kumar Bhauka put in over the cheque, though the petitioner was never in business terms with him and as such, no occasion was there to give a cheque in his name.
(3.) However, the complainant lodged the case on the allegation that two cheques had been given in discharge of the debt and when it were deposited with the Bank, it got dishonoured and therefore, a case was lodged under Section 138 of the Negotiable Instrument Act.;