Narayan Roy, J.

1. Heard Counsel for the parties.

2. This application has been filed by the petitioner for quashing order dated 21-2-1995 passed by the Chief Judicial Magistrate, Dumka, in case No. 38 of 1995 whereby and where under the learned Magistrate has taken cognizance of the offence under Sec. 420 of the Indian Penal Code and under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

3. The short facts giving rise to this application are as follows:

A petition of complaint was filed by the opposite party No. 2 before the Chief Judicial Magistrate, Dumka, on 21-21995 stating therein that the accused/petitioner had purchased two tyres on credit from M/ s. Dilip Motors, on 5-11-1993 amounting to Rs. 13,398.00 . Thereafter, the accused - petitioner fraudulently issued a cheque on 5-51994 amounting to Rs. 13,398.00 in the name of State Bank of India. Dumka Bazar Branch, in favour of M/ s. Dilip Motors. The said cheque was presented - the Bank and the same was returned with an objection note "insufficient fund" in the account of the accused". The complainant, accordingly issued notice to the accused on 20-12-1994 in terms of sub - section (b) o