MD. SARFARAZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 528 of B.N.S.S., 2023 with a prayer to quash the entire criminal proceeding arising out of Complaint Case No. 10595 of 2024 including the order taking cognizance dtd. 2/9/2024 by which the learned Judicial Magistrate-1st Class XXVI, Ranchi has taken cognizance of the offence punishable under Sec. 138 of N.I. Act against the petitioner.

(3.) The brief fact of the case is that the petitioner issued a cheque to the complainant-opposite party no.2. On being presented by the complainant, the cheque was dishonoured because of insufficiency of funds in the account of the petitioner. A demand notice was given by the complainant-opposite party no.2 to the petitioner calling upon him to pay the cheque amount but the petitioner did not pay the said cheque amount. Considering the said facts, the learned Judicial Magistrate-1st Class XXVI, Ranchi found prima facie case under Sec. 138 of N.I. Act against the petitioner and directed the complainant-opposite party no.2 to file requisites for issue of summons.