Heard Mr. R.K. Jain, learned counsel for the petitioner; Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent No. 1; and Mr. A.T. Sarkar, learned counsel for the respondent No. 2.

2. In this petition, under Section 482 of the Cr.P.C., the petitioner, namely, Shri Shiv Kumar Agarwal has put to challenge the correctness or otherwise of the order, dated 22.02.2023, passed by the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar in C.R. Case No. 06/2023. It is to be noted here that vide impugned order dated 22.02.2023, the learned Addl. Chief Judicial Magistrate, South Salmara Mankachar, took cognizance of the offences under Sections 448/420/406/506 of the IPC, against the present petitioner and issued process to him to appear before the court and to stand trial.

3. The background facts leading to filing of the present petition are adumbrated as under:-

“The petitioner is a businessman by profession of Dhubri. He is the proprietor of M/S Annapurna Trading. The said firm had supplied goods of worth Rs. 5,58,521/-, vide Invoice No. 379, on 07.08.2021, to the firm of the respondent No. 2, in the name and style, M/S Suman Enterprise. The respondent No. 2 had issued one cheque, being cheque No. 555752, dated 24.09.2021, for a sum of Rs. 3,00,000/- of State Bank of India, Mankachar, Chowk Bazar Branch. The petitioner then presented the said cheque in his bank for encashment. But, the said cheque returned dishonoured on 28.09.2021, with the endorsement that “Fund Insufficient”. Then after issuing statutory Notice, the petitioner had lodged one Complaint Case, being Complaint Case No. 462/2021, under Section 138 of the N.I. Act. Thereafter, the respondent No. 2 had filed a Criminal Petition, being Criminal Petition No. 526/2022, under Section 482 of the Cr.P.C. for quashing and setting aside the said complaint. But, this court, vide order dated 20.10.2022 was pleased to dismiss the same.

Thereafter, as a counterblast, the respondent No. 2 had filed one complaint against the present petitioner, under Sections 148/448/420/406/506 of the IPC, before the court of learned Chief Judicial Magistrate, South Salmara Mankachar, alleging inter-alia amongst others that the petitioner in the month of March 2021, took a sum of Rs. 1,00,000/- as advance money for supply of goods, but the petitioner did not supply the goods to him despite several request and thereafter on 11.12.2022, the petitioner along with three other persons came to his shop and asked him for some money to provide goods and when he refused to pay money, as he could not supply goods nor he refunded the money, on earlier occasion then the petitioner had threatened him and also told him that he will misappropriate the money advanced to him. Then the learned Chief Judicial Magistrate, South Salmara Mankachar registered a case, being C.R. Case No. 06/2023, and made over the same to the court of learned Additional Chief Judicial Magistrate, South Salmara Mankachar for disposal. Upon the said complaint, the learned Additional Chief Judicial Magistrate, South Salmara Mankachar on the basis of the statement of the complainant and two other witnesses, recorded under Section 200 of the Cr.P.C., took the cognizance of the offences under Sections 448/420/406/506 of the IPC, against the present petitioner and issued process to him to appear before the Court and to stand trial.”

4. Being highly aggrieved by the order of taking cognizance, dated 22.02.2023, the petitioners approached this court questioning the correctness or otherwise of the said order, on the following grounds:-

(i) That, the learned Court below had committed manifest illegality by issuing process against the present petitioner without there being any prima-facie case made out against him;

(ii) That, as a counterblast, of the case lodged by the petitioner being C.R. case No. 462/2021, under Section 138 of the N.I. Act the respondent No. 2 had filed the present complaint, being C.R. Case No. 06/20