ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for State.

2. The instant revision speaks of a strange circumstances where on the basis of a police report, the learned Magistrate took cognizance of offence under Section 138 of the Negotiable Instruments Act, 1881.

3. It appears from the record that on the basis of written complaint, police registered Pahadpur-Malahi (OP) P. S. Case No. 147 of 2018, dated 3rd of June, 2018, under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act against the petitioner. On completion of investigation, charge-sheet was submitted under the aforesaid Sections. When charge-sheet was placed before the learned Magistrate, he, by an order dated 23rd of July, 2018, by an elaborate order, recorded that from the charge-sheet, case under Section 406 and 420 of the Indian Penal Code could not be made out and, therefore, he took cognizance of offence under Section 138 of the Negotiable Instruments Act against the petitioner.

4. Needless to say that Section 138 of the Negotiable Instruments Act provides the procedure in case of dishonour of cheque for insufficiency of funds i