DILLIP KUMAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THOUGH this matter has been listed for admission, on the consent of the learned counsel for the parties the same is taken up for final disposal.

(2.) BASING on a complaint lodged by opposite party No.2, vide ICC No.99 of 2004, the learned S.D.J.M., Baripada took cognizance of the offence under Section 138 of the Negotiable Instruments Act against the petitioner and directed issue of process. Then at a later stage, the learned SDJM, Baripada by order dated 21.8.2004 directed issue of N.B.W. against the petitioner. Aggrieved, the petitioner has come up with the present application under Section 482, Cr.P.C. with a prayer to quash the said order of cognizance and the order directing issue of N.B.W. against the petitioner.

(3.) MR . N. Lenka, learned counsel for the opposite party No.2 on the other hand, submits that all the ingredients of the offence under Section 138 of the N.I. Act are available in the complaint petition and the materials produced by the complainant and therefore, taking of cognizance for the aforesaid offence was legal and proper. He further submits that when the petitioner failed to appear in the Court in response to the process issued, there was no alternative for the Court than to direct issue of N.B.W. against the petitioner for his production.