1. - An amount of र 32,000/- plus an amount of interest was due against the non-petitioner, Om Prakash and his brothers. It is an admitted position that on 1st August, 1982, no transaction has taken place. Neither any article was sold to the non-petitioners on credit, nor any property was received by the present non-petitioners on 1st August, 1982. The allegation against the petitioner is that on 1st August, 1982, he came to Gangapur City to purchase some goods from other parties. The petitioner's bank and creditors were not in know of the fact that the petitioner has come to purchase the goods from other party. So they contacted him in Gangapur City and demanded the amount due from him. The further allegation is that Om Prakash, non-petitioner, issued a cheque for र 5000/- towards the outstanding amount in favour of the petitioner. The cheque was dishonoured by the Bank.

2. The contention of the petitioner is that no amount was in the account of the non-petitioner. Om Prakash and the non-petitioner fraudulently and with a dishonest intention issued the cheque in favour of the petitioners to cheat them. A complaint was filed before the learned Magistrate, Gangapur City, who