JUDGMENT

A. S. NAIDU, J. — The accused-petitioner has filed this application under Section 482 of the Code of Criminal Procedure, 1973 with a prayer to quash the criminal proceeding in ICC No. 335 of 1999 pending before the S.D.J.M., Bhubaneswar and also to quash the order dated 13.2.2002 rejecting the prayer for extending the benefit available under Section 205 CrPC and for recalling the N.B.W.A. issued against the petitioner.

2. On the basis of a complaint petition filed by opposite party No. 2, ICC No. 335 of the 1999 was registered in the Court of the S.D.J.M., Bhubaneswar against the petitioner for alleged commission of offence by the latter under Section 138 of the Negotiable Instruments Act. After perusing the materials on re¬cord, the S.D.J.M. took cognizance of the offence alleged and directed issue of summons on 5.11.2002 against the petitioner. The petitioner having failed to appear before the Court below, N.B.W.A. was directed to be issued against him. On 13th December, 2002, two petitions were filed on behalf of the petitioner, one for recalling the N.B.W.A. issued against him and the other for dispensing with personal attendance of the petitioner in Court and permitti