ASHFAQUE AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The petitioner has challenged the order of cognizance dated 23.11.2015 passed in Complaint Case No. 306 of 2015 corresponding to Trial No. 763 of 2015 whereby the petitioner has been asked to face trial for offence under Section 138 of the Negotiable Instrument Act.

(3.) The challenge is on the ground that the requirement of the proviso to Section 138 of the Negotiable Instrument Act is not fulfilled, hence, criminal proceeding is an abuse of the process of the Court. Reliance has been placed on the judgment of Hon'ble Patna High Court CR. MISC. No.4763 of 2017 dt.18-09-2019 Supreme Court in Yogendra Pratap Singh Versus Savitri Pandey And Another, 2014 10 SCC 713.