1. This is an application where petitioner has prayed for quashing of a proceeding, initiated under S.138 of the Negotiable Instrument Act 1881 (in short N.I. Act) being case No. 15876 of 2019, pending before learned Judicial Magistrate, 16th court, Calcutta. The grievance of the petitioner herein is that the aforesaid complaint under S.138 of the N.I. Act, filed by the opposite party, is amounting to complete abuse of the process of law since neither petitioner has any legal liability to be discharged against the respondent nor the petitioner had issued any cheque in favour of the respondent. The unfilled cheque in question was handed over to one Mr. Dileep Sing Mehata towards security to the amount paid by Mr. Mehata under the Memorandum of Understanding (in short MOU) dated 11.12.2009 executed between the petitioner and aforesaid Mahata with regard to one