(1.) The present petition has been filed under Section 482 of Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) read with Article 227 of the Constitution of India for quashing of order dated 25.05.2016 passed by the learned Metropolitan Magistrate vide which the application filed by the petitioner under Section 243(1) and (2) of the Cr.P.C. for sending the cheque to FSL was dismissed.
(2.) The facts in brief are that the respondent/complainant had filed a complaint under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (N.I. Act) against the petitioner/accused. It was alleged in the complaint that the petitioner/accused had taken the loan of Rs.2,00,000/- from the respondent/complainant and to repay the said loan amount, he issued a cheque No.005093 dated 12.12.2008 for a sum of Rs.2,00,000/-. When the said cheque was presented for encashment by the respondent/complainant, the same could not be encashed and was dishonoured. The respondent/ complainant served a legal notice dated 30.12.2008 upon the petitioner/accused and thereafter filed the complaint.
(3.) During the pendency of the complaint case, petitioner/ accused moved the application under Section 243(1) and (2) of the N.I. Act which was dismissed by the learned Magistrate vide impugned order dated 25.05.2016. Feeling aggrieved by the dismissal of the application, the instant petition has been preferred by the petitioner.