H.C.MISHRA,J. - (1.) HEARD leaned counsel for the petitioner and learned counsel for the State, as also learned counsel for the complainant opposite party No.2.
(2.) THIS criminal miscellaneous petition is directed against the order dated 3.12.2013 passed by Sri S.D. Tripathi, learned Judicial Magistrate, 1st Class, Ranchi, in Complaint Case No. 2453 of 2013, whereby on the basis of the statements made in the complaint petition and the statement of the complainant recorded on solemn affirmation, the Court below has found prima facie offence under Section 138 of the Negotiable Instrument Act, against the petitioner. The petitioner has also prayed for quashing the entire criminal proceeding in connection with the said complaint case.
(3.) THE facts of this case lie in a short compass. The complainant opposite party No.2, Neutral Publishing House Limited, having its corporate office at Ranchi, had filed the complaint case in the Court below, stating that the accused petitioner had placed orders for publishing of materials in the complainant's newspaper, namely, Prabhat Khabar, pursuant to which the same was published in the newspaper and the complainant demanded the payment of Rs. 6,00,000/ - from the accused petitioner against the publication made in its newspaper. It is alleged that in discharge of its liability, the accused issued the cheque in favour of the complainant for the said amount, which upon presentation in the Bank, was dishonoured due to insufficient fund. The statutory notice was given by the complainant and upon refusal of the petitioner to make the payment, the complaint petition was filed within the prescribed time. The statement of the Company Secretary of the complainant through whom the complaint was filed, was recorded on solemn affirmation, in which, the Company Secretary of the complainant, supported their case and on the basis of the statements made in the complaint petition and the statement on solemn affirmation, by the impugned order dated 3.12.2013, prima facie offence under Section 138 of the N.I. Act, was found against the petitioner. I.A. No. 872 of 2015 has been filed for staying the proceedings before the Court below, whereas I.A. No. 1469 of 2015 has been filed making additional prayer, stating that during the pendency of this criminal miscellaneous petition, by order dated 17.12.2014 the learned Court below has issued non bailable warrant of arrest against petitioner and as such, additional prayer has been made through this interlocutory application, to quash the said order also.;