Shrihari P. Davare, J.—Heard learned respective Counsel for the parties.

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

3. By the present petition filed by the petitioner (original accused) under Article 227 of the Constitution of India, the petitioner has prayed that the order dated 24th July 2012, passed by the learned Judicial Magistrate (FC), Court No.1, Aurangabad, below Exhibit 47/D, in SCC No. 5305/2009, be quashed and set aside.

4. Parties are hereinafter referred to as per their original status i.e. accused and complainant.

5. The factual matrix of the case is as under:

(a) The respondent no.2 i.e. original complainant filed SCC No. 5305/2009 against the petitioner herein i.e. original accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881, and accordingly, petitioner herein is the original accused, and respondent No.2 is the original complainant therein. According to respondent No.2 i.e. original complainant, he has supplied the articles to the accused Company, and the said goods were delivered on 9-2-2009. The accused/petitioner issued a cheque bea