A.C. Upadhyaya, J.—Heard Mr. M. Talukdar, learned, counsel appearing for the petitioner and Mr. A.K. Jain, learned counsel appearing for the respondent.

2. This petition is filed under section 482 of the Code of Criminal Procedure read with article 227 of the Constitution of India by the petitioner praying for quashing the proceeding in the complaint case No.8658(c)/2007, pending in the court of Judicial Magistrate, 1st Class, Guwahati, District Kamrup, Assam.

3. Facts, leading to filing of this petition, reveals that the complainant-opposite party lodged a complaint under section 138 of N.I. Act alleging therein that the accused petitioner had taken up a sum of Rs.2,50,000 from the complainant-opposite party and in discharge of his liability, the accused petitioner issued a cheque bearing No.0875185 dated 23.10.2007, for a sum of Rs.2,50,000 drawn on State Bank of India, Dispur Branch, Guwahati in favour of the complainant-opposite party.

4. The cheque was issued by the accused petitioner from the account operated by him in the State Bank of India, Dispur Branch, Guwahati. The complainant on receipt of the said cheque deposited it in his bank account in the State Bank of I