JUDGMENT :

S. K. SAHOO, J.

1. This is an application under section 482 of Cr.P.C. filed by the petitioner Ashok Kumar Das with a prayer to hold the impugned order dated 24.06.2005 passed by the learned S.D.J.M., Nayagarh in I.C.C. Case No. 80 of 2005 in taking cognizance of offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter ‘N.I. Act’) as bad and illegal and to quash the complaint case proceeding.

2. It appears that after the complaint petition was filed, learned Magistrate recorded the initial statement of the complainant on 18.06.2005 and on 24.06.2005 after perusing the statement of the complainant and the documents, took cognizance of the offence under section 138 of the Negotiable Instrument Act and issued process against the petitioner.

3. The complaint petition reveals that the complainant was a wholesale dealer of consumer durable items having a showroom at Kacheri Bazar, Main Road, Nayagarh and the petitioner was a retailer of such items and there was business transaction between the parties since 1996 till 2002 and the petitioner was taking consumer durable items and paying at the prescribed rates in cash and credit bills in dealer price. It is s