CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA C.A.V. JUDGMENT Date : 06-02-2026

1. Heard learned counsel for the petitioner as well as the learned A.P.P. for the State.

2. The present application has been filed on behalf of the petitioner for quashing the order dated 14.11.2014 passed by the learned Judicial Magistrate 1^st Class, Vaishali at Hajipur (hereinafter referred to as ‘Magistrate’) in connection with Complaint Case No. C1-2065 of 2013 wherein the learned Trial Court took cognizance of the offence under Section 138 of the Negotiable Instruments Act , 1881 (hereinafter referred to as ‘N.I. Act’) against the petitioner and accordingly, directed to issue process.

3. The fact of the case, in brief, is that the complaint was instituted by Opposite Party No.2 alleging that on 11.02.2013 the petitioner approached him for a loan of Rs.1,00,000/-, out of which a sum of Rs.95,000/- was allegedly advanced in the presence of witnesses, and in discharge of the said liability, a cheque dated 11.03.2013 for Rs.95,000/- was issued by the petitioner. It is further alleged that upon presentation, the cheque was dishonoured due to insufficiency of funds and, thereafter, a legal notice dated