Rongon Mukhopadhyay, J. - (1.) Heard Mrs. Anubha Rawat Choudhary, learned counsel for the petitioner and learned A.P.P. for the State. No one appears on behalf of O.P. No. 2 in spite of valid service of notice.
(2.) In this application, the petitioner prays for quashing the entire criminal proceeding in connection with Complaint Case No. 2493 of 2012, including the order dated 8.1.2013, passed by Shri R.S. Mishra, learned Judicial Magistrate, 1st class, Jamshedpur, whereby and whereunder cognizance has been taken for the offence punishable under Sec. 138 of the Negotiable Instruments Act. (hereinafter referred to as N.I. Act)
(3.) A complaint case was instituted by the complainant -O.P. No. 2, wherein it was alleged that for the purpose of purchase of wielding rods from the petitioner, the complainant had advanced him a sum of Rs. 3 lacs and the wielding rods were to be supplied within a period of two months. Since the accused -petitioner failed to supply the wielding rods within the time stipulated, a demand was made by the complainant to refund his money and pursuant to which one post dated cheque bearing No. 705235 dated 10.06.2012 for Rs. 60,000/ - was issued in favour of the Firm of the complainant namely "Goyal Enterprises" as a part payment of the total dues amounting to Rs. 3 lacs. It has further been alleged that when the cheques were deposited by the complainant, the same got dishonored on the ground of insufficient funds. On the basis of aforesaid allegations, the complaint case No. 405 of 2013 was instituted against the petitioner.;