MADHU MOHANTY Vs. STATE

JUDGEMENT

(1.) In this application under Section 482 Cr.P.C. the accused-petitioner assails the order dated 15.7.2006 passed by the learned S.D.J.M., Puri rejecting his prayer to recall the order taking cognizance.

(2.) The complainant-Opposite party instituted a case under Section 138 of the N.I. Act on the allegation that the accused was selling homestead lands at Puri. She paid a sum of Rs. 1,10,000/- to the accused to purchase a piece of land there. When the accused did not register the land in her favour, she demanded refund of the money together with interest. The accused in discharge of the said debt issued a cheque for No. 1,67,000/-in her favour. The complainant presented the cheque for collection, but the same was dishonoured. The complainant issued a notice demanding the payment. Since no payment was made within the stipulated period, the complainant lodged the complaint.

(3.) Learned Magistrate on consideration of the materials on record took cognizance of the offence and issued process against the petitioner. The petitioner appeared before the learned Magistrate and filed an application for recall of the said order of taking cognizance. The Magistrate by the impugned order dated 15.7.2007 rejected the said application. The petitioner has approached this Court by filing the present application.