Jaya Roy, J.-The petitioner has filed this revision application against the order dated 23.7.2008 passed by the Judicial Magistrate, Dhanbad in G.R. Case No. 2229 of 2004 whereby he has rejected the petitioner's application filed under Section 239 of the Cr.P.C. for his discharge.

2. The case of the prosecution, in short, is that the informant is carrying on the business of readymade garments at Park Market, Hirapur, Dhanbad in the name and style of 'Juno Garments'. The said Juno Garments used to purchase materials from the petitioner and others on payment of cash and, some times, on credit. As per the established practice of the aforesaid dealing, the petitioner used to leave blank cheque with the whole seller as security and as per said practice, the informant handed over a duly signed blank cheque to accused No.1, Anup Agarwal, partner of A.R. Fashion, Ranchi some times in the year 2000.

3. The informant, who had some business dealings with the present petitioner (who is accused No.3 in this case), never left any blank cheque with the petitioner. Accused No.1 Anup Agarwal, vide his letter dated 7.1.2003, informed the informant that the said cheque had been misplaced from