JUDGMENT

R.K. Pattanaik, J. - The petitioner has approached this Court by invoking jurisdiction under Section 482 Cr.P.C. assailing legality and judicial propriety of order of cognizance dated 2nd February 2011 (Annexure-3) passed in I.C.C. No.427 of 2010 by the learned S.D.J.M., Khurda on the grounds inter alia that it is not sustainable in law and therefore, liable to be quashed.

2. The petitioner pleaded that unless the impugned order under Annexure-3 is quashed, there would be miscarriage of justice and hence, inherent jurisdiction of this Court under Section 482 Cr.P.C. should be exercised. The petitioner happens to be the accused in a complaint case pending before the court below for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (here-in-after referred to as 'the NI Act') which has been filed by OP No.1 alleging therein that the former had taken a hand loan of Rs.40,000/- to meet his personal needs and when it could be paid back, on 15th May, 2010, some henchmen of OP No.1 forcibly entered inside his residence and managed to obtain a cheque for an amount of Rs.40,000/- drawn in the UCO Bank, Khurda Branch, Khurda and thereafter, presented it be