24.06.2025
Savitri Ratho, J This application under Section 482 of the Code of
Criminal Procedure has been filed challenging the order dated
01.07.2023 passed by the learned Sub Divisional Judicial
Magistrate (in short “SDJM”), Berhampur in 1.C.C. No. 219 of
2023, taking cognizance of the offence under Section 138 of the
Negotiable Instruments Act (in short “NI Act”) and the criminal
proceeding i.e. pending against the petitioners. The relevant portion
of the prayer is extracted below :-
“It is therefore prayed that in view of the submissions
made above, the CRLMC be admitted, records be called
for and after hearing the parties the same be allowed and
the order of cognizance dt. 01.07.2023 passed in l.C.C.
case No. 219 of 2023 and the entire criminal proceeding
i.e. l.C.C. case No. 219 of 2023 pending in the court of
the learned SDJM Berhampur may kindly be quashed in
the interest of justice”……