Order dated 15-4-2013, passed by Special Judicial Magistrate, Haldwani in Criminal Case No. 829 of 2013, Ajay Singh Sijwali v. Shyam Singh, is impugned in the present petition filed under Section 482, Cr. P.C.

2. Petitioner preferred a complaint under Section 138 of Negotiable Instruments Act against the accused-respondent stating therein that respondent-accused borrowed Rs. 26,25,000/- from the petitioner and out of Rs. 26,25,000/-, respondent received Rs. 25,00,000/- through cheque and Rs. 1,25,000/- in cash; on 31-3-2011, accused-respondent in discharge of his financial liability handed over cheque of Rs. 26,25,000/- bearing cheque No. 001159 of Kurmanchal Nagar Sahkari Bank, Branch Sadar Bazar, Haldwani with the assurance that, on presentation, same would be encashed; petitioner-complainant submitted the cheque, however, same was returned with the endorsement insufficient funds on 30-5-2011; again cheque was presented for encashment, however, same was again returned with the endorsement insufficient funds on 17-6-2011; on the assurance of the respondent-accused, cheque was again presented for encashment on 4-7-2011 and it was again returned with the endorsement insufficient