JUDGMENT :

1. By invoking inherent powers vested in this Court in terms of Section 482 of the Code of Criminal Procedure, the petitioner seeks to quash order dated 27.11.2019 passed by the learned Judicial Magistrate 1st Class, Bhaderwah [“the Trial Court”] in a complaint under Section 138 of Negotiable Instruments Act, 1881 [“the Act”] filed by the respondent against the petitioner, whereby the Trial Court, after recording preliminary statement of the complainant and his witnesses, has issued process to secure presence of the petitioner for facing the trial.

2. Briefly stated, the facts leading to the filing of instant petition are that the respondent has filed a complaint under Section 138 of the Act against the petitioner on the allegation that the petitioner had issued in his favour a cheque bearing No.005922 dated 26.07.2019 for an amount of Rs.26,00,000/-drawn on petitioner’s account maintained with Ellaquai Dehati Bank, Branch Bhaderwah. The respondent deposited the said cheque for encashment in the bank on 26.07.2019 but the same was returned with the memo that account of the petitioner did not have sufficient fund for its encashment. The cheque was returned with the aforesai