Mr. Rongon Mukhopadhyay, J. - (1.) Heard Mr. Deepak Kumar Sinha, learned counsel appearing for the petitioner and Mr. Ashok Kumar Singh, learned APP appearing for the State.
(2.) In this application the petitioner has prayed for quashing of the entire criminal proceeding including the order dated 29.01.2015 passed in connection with Complaint Case No. 1969 of 2013 by learned Judicial Magistrate, 1st Class, Hazaribagh, whereby and where under, cognizance has been taken for the offence punishable under section 138 of the Negotiable Instrument Act.
(3.) It has been submitted by learned counsel for the petitioner that the entire instalment with respect to purchase of a truck had been deposited by him. The petitioner had deposited several cheques with the complainant, which however was misused by him, leading to institution of a complaint case under section 138 of the Negotiable Instrument Act. It has been further submitted that the complainant himself is not aware about the amount contained in the cheque as there appears discrepancies in the complaint petition itself with respect to the amount. It has also been submitted that in the year 2015, the petitioner has also filed a complaint case against the opposite party No. 2 in which details have been stated. It has further been submitted that it is a malicious prosecution against the petitioner and therefore the entire criminal proceeding deserves to be quashed and set aside.;