D.K. Paliwal, J.—This petition under Section 482 of Cr.P.C. is for quashing the order dated 4.8.2011 ‘passed by the Third ASJ. Vidisha, in Criminal Revision No.12/11, whereby order dated 24.11.10 passed by JMFC, Kurwai, in criminal Case No.37/2010 has been affirmed.

2. The brief facts’ of the case are that the respondent has filed a private complaint under Section 138 of the Negotiable Instruments Act, (in short the Act) alleging that petitioner use to do agricultural work and also owns a nursery for which the petitioner borrowed a sum of Rs.74.000 from the respondent and in return gave an account payee cheque of Rs:74,000 of the State Bank of India dated 20.3.2009. It is further; alleged that when the respondent presented the cheque in Barbal branch of State Bank of India, the same was dishonoured. Thereafter, a registered notice was given to the petitioner, but the amount has not been paid. After inquiry the complaint has been registered and during the evidence, respondent was examined and cross-examined. After completion of the cross-examination, the respondent filed an application for amendment in the complaint before the trial court submitting that cheque N0.332534 has be