JUDGMENT :

Heard Mr. P.J. Saikia, Sr. Advocate, assisted by Mr. K. Baruah, learned counsel for the petitioner and also heard Mr. D.K. Kothari, learned counsel for the respondent.

2. In this criminal petition, under section 482 Code of Criminal Procedure, the petitioner has challenged the legality, propriety and correctness of the order dated 20.04.2018, passed by the learned Judicial Magistrate First Class, Kamrup, (M) Guwahati in C.R. Case No. 4773/2017. It is to be noted here that vide impugned order the learned Court below has taken cognizance of the offence under section 138 of the N.I. Act against the petitioner and issued process to him to appear before the learned court below and to face trial.

3. The factual background leading to filing of the present application is briefly stated as under:-

“The petitioner was earlier appointed as one of the Director of Asrdeep Infotech Private Limited w.e.f. 16.11.2016, and he had discharged his duties up to the satisfaction of the management of the Company. However, due to some pre-occupation with some other works he had resigned from the said post of Director of Asrdeep Infotech Private Limited on 03.07.2017, and communicated the same to th