JUDGMENT

Petitioner seeks quashing of criminal proceedings in which cognizance under section 138 of the Negotiable Instrument Act, 1881 has been taken by the Sub-Judge/Special Mobile Magistrate, Jammu on the complaint filed by the respondent.

2. The complaint was filed on 26.05.2015 by the respondent/complainant herein alleging that the petitioner borrowed a sum of Rs. 2,50,000/- from the complainant and after some time, he issued a cheque No. 710470 dated 05.02.2015 drawn on Ellaquai Dehati Bank, Branch Lower Roop Nagar, Jammu for liquidation of the debts. The cheque was presented by the respondent/complainant for payment but the said cheque was dis-honoured vide memo dated 20.03.2015.

3. During the proceedings, statements of Yoginder Singh and his witness-Surinder Khanna were recorded by the Trial Court.

4. The petitioner seeks exercise of the inherent powers of this Court under Section 561-A Cr.P.C, on the ground that the complaint is false and frivolous, because as per Income Tax Act, every loan beyond Rs. 2,00,000/- could be advanced only through cheque and since the complainant has nowhere pleaded in his complaint that the amount was paid in cheque, therefore, it is a violation o