ORDER :

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure Code and the prayers in this petition are as under:

“1. Quash the proceedings pending against the petitioner as C.C.756/2014 of the learned Judicial First Class Magistrate Court, Ranny, arising from Crime No.193/08 of Chitaar Police Station;

2. Grant such other relief deemed fit to this Hon’ble Court.”

2. Petitioner is the 2nd accused in Crime No.193/2008 of Chittaar Police Station, now pending as C.C.No.756/2014 on the files of the Judicial First Class Magistrate Court, Ranni.

3. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor appearing for the State. Though notice was served upon the 1st respondent, he did not appear.

4. The learned counsel for the petitioner raised 2 contentions in this petition to justify quashment of the proceedings. The first point argued is that as per the prosecution case, there is no allegation to the effect that the petitioner borrowed any amount with dishonest intention and thereby cheated the defacto complainant or any others. The second point argued is that cognizance taken by the Magistrate in this crime, acting