ORDER

This petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioner/accused being aggrieved by the order dated 08.11.2023 passed in case No.1384/2018 by the Judicial Magistrate First Class- Ujjain whereby an application under Section 91 of the Cr.P.C. filed by him has been rejected.

2. The facts in brief are that the respondent/complainant has filed a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881 against the petitioner/accused before the trial Court. He has submitted that he and the accused are relatives and are known to each other. In 2013 they were residing at Dubai. In October, 2013 accused was in need of money hence took Rs.2,76,00000/- from the complainant on loan saying he would return the same within six months. Subsequently the complainant came back to India from Dubai. When he demanded money from the accused he issued a cheque dated 23.07.2018 in a sum of Rs.10 Lakhs in his favour drawn on State Bank of India, Branch Sabarmati, Ahmedabad. When the complainant presented the cheque for encashment the same was returned dishonored with the endorsement that payment thereupon has been stopped. The complaina