Rongon Mukhopadhyay, J. - (1.) In this application, the petitioner has prayed for quashing the order dated 23.7.2013 passed by the learned Judicial Magistrate, Dhanbad in C.P. Case No. 1088 of 2013, whereby and whereunder, the cognizance has taken for the offence punishable u/s. 138 Negotiable Instrument Act (N.I. Act for short).
(2.) A compliant case was instituted by the opposite party No. 2, wherein it was alleged that the complainant/opposite party No. 2 had supplied goods to the petitioner on credit and ultimately an amount of Rs. 6,64,836/ - became due against the petitioner. The petitioner had handed over five different cheques to the complainant and out of which when three cheques were presented for encashment, the same got dishonored, as the account was not in existence. Notices were issued to the petitioner, who had verbally assured of making payment of dues in installments, but the same was not paid and the complaint case was instituted. Upon conducting an enquiry u/s. 202 Cr.P.C. by examining the witnesses and the complainant on Solemn Affirmation, the cognizance was taken for the offences punishable u/s. 138 N.I. Act vide order dated 23.7.2013.
(3.) Heard Mr. Sanjay Prasad, learned counsel appearing for the petitioner, Mr. Shailesh, learned counsel appearing for the opposite party No. 2 and Mr. Amaresh Kumar, learned A.P.P. for the State.;