JUDGMENT :

Nutan D. Sardessai, J.

1. The petitioner has invoked the writ jurisdiction of this Court under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. in the matter of the order dated 10.04.2019 passed by the Court of the Judicial Magistrate, First Class, Ponda pursuant to which the petitioner's application under Section 311 of Cr.P.C. came to be dismissed.

2. Heard Shri S.S. Kakodkar, learned Advocate on behalf of the petitioner who contended that the respondent had filed the complaint against the petitioner under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short hereinafter), for dishonour of the cheque in the amount of Rs. 12,72,447/- which was dated 20.04.2016 drawn on the Canara Bank, Fatorda Branch, Margao, Goa unlike the loan amount which was Rs. 6,00,000/- sanctioned on 23.02.2008. It was his case that the dishonoured cheque in question did not bear the MICR code and was non negotiable as on the dated of the alleged offence. He adverted to the application moved on behalf of the petitioner under Section 311 Cr.P.C. and submitted that the learned Judicial Magistrate, First Class had clearly ignored the case of the petitioner th