PRADIP RAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is directed against the order dated 19-6-1993 passed by the Chief Judicial Magistrate, Bhagalpur in Complaint Case No.477/93 whereby he took cognizance against the petitioner for an offence under Section 138 of the Negotiable Instruments Act.

(2.) The case of the complainant (OP No.2) is that the petitioner issued two cheques dated 8-1-1993 and 31-1-1993 both of which bounced on being presented in the Bank for payment. The complainant thereafter issued legal notice dated 7-4-1993 under registered post which the petitioner refused to accept vide endorsement dated 17-4-1993 (Annexure 4). The complainant (OP No.2) thus filed a criminal complaint against the petitioner in the Court of Chief Judicial Magistrate on 19-6-1993 which led to passing of the impugned order.

(3.) I have heard the learned Counsel for the petitioner and the APP for the State. No one has put in appearance on behalf of the complainant (OP No.2) although a notice was served upon him to show cause as to why this petition be not disposed of at the admission stage itself.