JUDGMENT :

AJIT BORTHAKUR, J.

1. Heard Mr. R.P. Sharma, learned Senior Counsel for the petitioner and Mr. B.B. Gogoi, learned Addl. Public Prosecutor for the State respondent No. 1. Also heard Mr. G.N. Sahewalla, learned Senior counsel for the respondent Nos. 2 and 3.

2. This petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed by the petitioner praying for quashing of the proceeding in NI Case No. 67/2018 pending before the court of learned Additional Chief Judicial Magistrate ( ‘Addl. CJM’ for short) Sivasagar.

3. The case of the petitioner accused proprietorship firm in brief is that the respondents No. 2 and 3, the proprietorship firm and proprietor of the aforesaid firm respectively, filed a complaint case being CR (NI) Case No. 67/2018, on 05.10.2018, in the Court of learned CJM at Sivasagar, under Section 138 of the Negotiable Instrument Act, 1881 (‘NI Act’ for short) alleging that the petitioner firm issued a cheque in favor of the respondent No. 2 for an amount of Rs.1,49,832 vide Cheque No. 855737, dated 21.06.2018, from the account No. 50140588340 of Allahabad Bank, Sivasagar Branch, towards payment of the aforesaid total outst