AMARESHWAR SAHAY, J. - (1.) HEARD learned Counsel for the parties.
(2.) THE petitioner has challenged the order taking cognizance dated 1.9.2003 in P.C.R. No. 347/2003 whereby the learned Magistrate has taken cognizance of the offence under Section 420, IPC and 138 of the Negotiable Instrument Act. From the impugned order it appears that the learned Magistrate on the basis of the allegation made in the complaint petition statement of the complainant of solemn affirmation as well as the statement of the witnesses examined during enquiry under Section 202, Cr PC has found prima facie case against the petitioner and hereby has taken cognizance under the aforesaid sections.
(3.) THE learned Counsel for the petitioner has brought to the notice of the Court by filing several annexure with this application and submitted that no case for the offence alleged is made out against the petitioner and, therefore, the order taking cognizance is bad in law.;