1. Heard Mr. V.S.Bedre, learned Counsel for the petitioner as well as Mrs. Manjusha S.Jagtap, learned counsel for the respondent.

2. Rule. Rule made returnable forthwith. With the consent of the learned Counsel for the parties, petition is taken up for final hearing.

3. By the present petition preferred by the petitioner ( original accused), under Article 227 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dt.1st Nov.,2009, passed by the learned 6th Joint Civil Judge, Senior Division and Judicial Magistrate, First Class, Ahmednagar, below Exh. 61, in S.T.C.No.2283/2008, thereby rejecting the application preferred by the petitioner herein under Section 311 of Code of Criminal Procedure.

4. Admittedly, the respondent herein (original complainant) filed S.T.C. case No. 2283/2008 against the petitioner herein (original accused) under Section 138 of Negotiable Instrument Act. After recording the verification of the complainant, the process came to be issued against the petitioner herein under Section 138 of Negotiable Instrument Act on 24.7.2008. Thereafter, the respondent herein filed affidavit in support of his claim in lieu