ORDER

16.02.2024 Date :

Mr. A. Ali, learned counsel for the petitioner Sri Son Kalita.

2. The petitioner has filed this application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 and under Article 227 of the Constitution of India praying suspending or quashing of the impugned order dated 30.05.2023 and all subsequent orders passed by the learned Sub Division Judicial Magistrate (S) No. 2, Kamrup(M) at Guwahati and the entire proceeding c in connection with CR Case No. 7409 /2022 arising out of the impugned Demand Notice dated 12.10.2022 with regard to alleged dishonor of the cheque No. 095386 dated 26.08.2022.

3. It is submitted on behalf of the petitioner that the cheque amount is mentioned in the Memorandum of Understanding marked as Annexure-4 executed between the petitioner and the informant/respondent No. 2 herein. A close scrutiny of the memorandum and complaint petition clearly reflects that the cheque amount is not similar. The cheque amount mentioned in the Memorandum of Understanding is Rs.1,14,800/- (Rupees One Lac Fourteen Thousand Eight Hundred) whereas the amount mentioned in the complaint petition is Rs.82,960/-(Rupees Eighty Two Thousand