ORDER :

1. Present Writ Petition has been filed invoking the constitutional powers of this Court under Article 227 of the Constitution of India and inherent powers under Section 482 of the Code of Criminal Procedure for quashing the complaint i.e. S.C.C. No.998 of 2019 filed against the petitioner by the respondent for the offence punishable under Section 138 of the Negotiable Instruments Act before the learned Judicial Magistrate First Class,Hingoli and to get order below Exhibit-17 dated 29th April 2021 passed by the learned Judicial Magistrate First Class, Hingoli, set aside.

2. Heard learned Advocate Mrs. Bharad appearing for the petitioner and learned Advocate Mr. Gangakhedkar appearing for the respondent.

3. It has been vehemently submitted on behalf of the petitioner – original accused that the learned Judicial Magistrate First Class has committed an error when he has not recorded the evidence before issuing process. Relying upon the decision in Maharaja Developers and another vs. Udaysing S/o Pratapsinghrao Bhonsle and another, 2007 ALL MR (Cri) 1339, it was submitted that the non-obstante clause in Section 142 or 145 of the Negotiable Instruments Act does not override the pro