- (1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the complainant-opposite party No. 2. This application has been filed for quashing of the order dated 22.9.2011 passed by the then Judicial Magistrate, Koderma in Complaint Case No. 136 of 2000 whereby and whereunder cognizance of the offence punishable under Section 138 of the Negotiable Instrument Act was taken against the petitioner. Mr. A.K. Das, learned counsel appearing for the petitioner submits that it is the case of the complainant that a cheque issued to the complainant by the petitioner when was presented before the Bank, the same was dishonoured after making endorsement that the cheque has not been drawn on us. Subsequently, the said cheque was again presented before the Bank whereby again the Bank refused to honour the cheque by making endorsement "referred to drawer". Third time also the cheque when was presented was not honoured on making endorsement that "cheque series do not relate to us".
(2.) Thereupon a complaint was lodged taking the date when the Bank refused to honour the cheque on making endorsement "cheque series do not relate to us" as accrual of cause of action.
(3.) Mr. A.K. Das, learned counsel appearing for the petitioner submits that on such complaint, cognizance of the offence was taken under Section 138 of the Negotiable Instrument Act, though cheque had never been dishonored on the ground if insufficiency of fund in the account of the drawer or that it exceeds the amount arranged to be paid from the account of the petitioner and thereby no complaint can be maintained for an offence under Section 138 of the Negotiable Instrument Act and thereby the court certainly committed illegality in taking cognizance of the offence under Section 138 of the Negotiable Instrument Act.;