JUDGMENT & ORDER (ORAL) :

1. The petitioner/accused preferred this petition under section 482 CrPC challenging the impugned order dated 12.08.2014 and the entire proceeding pertaining to CR Case No. 4144/2013 now pending in the Court of Addl. CJM, Kamrup (M).

2. The respondent No. 2 as complainant filed a complaint under section 138 N.I Act against the present petitioner on the ground that the cheque amounting to Rs. 3,18,702/-issued by the petitioner’s firm UFONIC in favour of the complainant was dishonoured and despite the demand notice issued by the complainant to the petitioner no payment was made. By its order dated 6.12.2013 the learned trial court took cognizance of the offence under section 138 N.I Act and issued summons to the accused named therein namely Gautam Das (accused No. 2) who is the proprietor of the said firm and the firm (accused No. 1). Repeated summons issued to the said person Gautam Das was not served and returned with report that there is no such person as Gautam Das.

3. On 30.07.2014 the complainant/respondent moved an application before the court that there is an error in the name of the propertior of the firm and it is wrongly typed Gautam Das instead of M

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