Heard learned counsel for the parties.

2. In the present criminal miscellaneous petition, the petitioner has prayed for quashing the order dated 16.5.2001 passed by the learned Judicial Magistrate, Ranchi in Complaint Case No. 517 of 1998, whereby and whereunder, the application field on behalf of the petitioner for discharge has been rejected.

3. The prosecution story as it appears from the complaint petition which has been instituted by the complainant/ opposite party No. 2, in brief, is that on 30.3.1998 a payment was made through a cheque bearing No. VB77CB/C322458 dated 30.3.1998 for a sum of Rs. 50,000/-and when the cheque was presented to the bank of the opposite party No. 2, the same was returned on 5.5.1998 with a note "insufficient fund". Accordingly, it has been stated that the complainant/ opposite party No. 2 sent a legal notice on 28.5.1998 and when no response was forthcoming from the petitioner, the complaint case was instituted.

4. After holding an enquiry u/s 202 of the Code of Criminal Procedure (Cr. P.C.) by recording the evidence of witnesses, cognizance was taken by the learned Chief Judicial Magistrate for the offences u/s 138 of the Negotiable Instrum