R.R. Prasad, J.—This application has been filed for quashing of the order dated 18.9.2008 passed by the then Judicial Magistrate, 1st Class, Dhanbad in C. P, case. No. 769 of 2008 whereby and where under the Court has taken cognizance of the offence punishable under Section 138 of the Negotiable Instrument Act against the petitioner.

2. The facts giving rise’ to this application are that the complainant, Surendra Prasad @ Surendra Prasad Sinha lodged a complaint case bearing No. 769 of 2008 alleging therein that one Pramod Pandey. who used to taught his son came with one Faizal Khan (petitioner) who introduced himself to be an officer of the IB and also told that he can arrange a job for his son provided a sum of Rs. 1,00,000 is paid. Since Faizal Khan had come with Pramod Pandey. known to him. he by believing the version of Faizal Khan agreed to make payment. After some days, a sum of Rs. 64,000 was paid to Faizal Khan. On receiving such amount, one letter relating to training at J. A. Housing Development Pvt. Ltd. was handed over to his son. Thereupon amounts were paid on different dates. Again another letter relating to training was given but the petitioner was neither impa