ORDER :

The Court is convened through Video Conferencing.

2. Leave granted.

3. The instant appeal, by way of special leave, is directed against order dated 20.03.2018 passed by the High Court of Judicature for Rajasthan at Jaipur in S.B.Criminal Writ Petition No.242 of 2018 whereby the High Court allowed the writ petition preferred by the respondent and quashed and set aside the proceedings in Case No.3091 of 2013.

4. Heard learned counsel appearing on behalf of the appellant as also the learned counsel appearing on behalf of the respondent and carefully perused the material placed on record.

5. Learned counsel for the respondent vehemently contends that there is no reason to continue the trial as the appellant has not made out a case under Section 138 of the Negotiable Instruments Act, 1881 against his client. Learned counsel for the respondent further submits that the Bank Managers (DW2 and DW3) have specifically deposed that no such bank account was opened and maintained in their bank.

6. On the other hand, learned counsel for the appellant pointed out Annexure P-2 which is the dishonoured cheque and return memo where it has been endorsed as “ACCOUNT FROZEN”.

7. After perusing Annexure