PURUSOTTAM PRUSTY Vs. STATE OF ORISSA & ANOTHER

JUDGEMENT

(1.) This is an application under section 482 of Cr.P.C. filed by the petitioner Purusottam Prusty challenging the impugned order dated 04.07.2006 passed by the learned S.D.J.M., Dhenkanal in I.C.C. Case No.120 of 2006/C.T. Case No.1540 of 2006 in taking cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter 'N.I. Act') and issuance of process against him.

(2.) The opp. party no.2 Dinesh Patnaik filed a complaint petition in the Court of learned S.D.J.M., Dhenkanal alleging commission of offence under section 138 of the N.I. Act against the petitioner. In paragraph</i>-9 of the complaint petition, it is mentioned as follows:-

(3.) The complainant filed the affidavit in chief as provided under section 145(1) of the N.I. Act. The learned Magistrate vide impugned order dated 04.07.2006 has been pleased to hold that no document has been filed by the complainant though the same has been mentioned in the affidavit. However, the learned Magistrate found sufficient prima facie</i> materials to issue process against the petitioner for commission of offence under section 138 of the N.I. Act.