JUDGMENT :

Shampa Dutt Paul, J.

1. The present revision has been preferred praying for quashing of entire proceeding of complaint case being C/13276/2009 instituted under Section 138 of the Negotiable Instruments Act, 1881 (as amended up-to-date) pending before the Court of the Learned Metropolitan Magistrate, 9th Court at Calcutta including taking cognizance and all subsequent orders thereto.

2. The petitioner’s case is that on 18.03.2009, the opposite party filed complaint before the Learned Chief Metropolitan Magistrate at Calcutta therein alleging commission of offence under Section 138 of the NI Act against the present petitioner herein.

3. It has been alleged in the complaint that the petitioner herein had entered into a loan agreement with the opposite party, amounting to Rs.53,110/- and that in discharge of the aforementioned loan, the petitioner herein issued a cheque for the same amount, being cheque no. 272826 dated 30th November, 2008 drawn on ICICI Bank Ltd., Bhubaneshwar Branch, Unit No. III, Opposite Sriya Talkies, Off. Janpath, Bhubaneshwar – 751 001.

4. It has further been alleged in the aforementioned complaint that when the opposite party presented the cheque to his b