A.C. Upadhyay, J.

1. Heard Mr. M. Talukdar, learned Counsel appearing for the Petitioner and Mr. A.K. Jain, learned Counsel appearing for the Respondent.

2. This petition is filed under Section 482 of the Code of Criminal Procedure read with Article 227of the Constitution of India by the Petitioner praying for quashing the proceeding in the complaint case No. 8658 (c)/2007, pending in the Court of Judicial Magistrate, 1st Class, Guwahati, District-Kamrup, Assam.

3. Facts, leading to filing of this petition, reveals that the complainant-Opp. Party lodged a complaint under Section 138 of Negotiable Instruments Act, 1881 alleging therein that the accused Petitioner had taken up a sum of Rs. 2,50,000/- from the complainant-Opp. Party and in discharge of his liability, the accused Petitioner issued a cheque bearing No. 0875185 dated 23.10.07, for a sum of Rs. 2,50,000/- drawn on State Bank of India, Dispur Branch, Guwahati in favour of the complainant-Opp. Party.

4. The cheque was issued by the accused Petitioner from the account operated by him in the State Bank of India, Dispur Branch, Guwahati. The complainant on receipt of the said cheque deposited it in his bank account in the Sta