JUDGMENT :

1. Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the respondent no.4.

2. The petitioner has filed the present application for quashing the F.I.R. Dighalbank P.S. Case No. 32 of 2021 registered under Sections 420 and 406 of the I.P.C. read with Section 138 of N.I. Act.

3. Counsel for the petitioner submits that upon bare reading of the F.I.R., it transpires that main allegation is relating to bouncing of cheque. He further submits that it is crystal clear under section 142(1) (a) of the N.I. Act that “no Court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;”

4. Counsel for the State submits that after going through the content of the F.I.R., it transpires that there are ingredients of sections 420 and 406 of I.P.C. as well as section 138 of the N.I. Act.

5. Counsel for the informant submits that the petitioner was granted bail vide order dated 02.07.2021 in A.B.P. No. 265 of 2021 on the conditions that he shall pay 20% of the cheque bounce amount to the informant. He further submits that a pet