National Bank, Branch Dalli Rajahara on 30.12.2014. It is said that the Bank had dishonoured the cheque on the ground of insufficiency of the fund on 09.01.2015. Thereafter, notice was issued by the Respondent to the Petitioner on 26.09.2015 and since within one month's time from the date of notice the Petitioner did not honour the notice leading the Respondent to file compliant case against the present Petitioner for the offence under Section 138 of the Negotiable Instrument Act, 1881 (in short 'the N.I. Act') before the Court of Judicial Magistrate 1st Class, Dalli Rajhara registered as Complaint Case No. 571/2015. The Judicial Magistrate after due consideration of the complaint registered the case and issued summons to the accused-Petitioner. The Petitioner later on entered appearance before the Court below on 24.12.2015 and filed an Application under Sections 204, 251 and 259 of the Cr.P.C. stating that there is no prima facie case made out against the present Petitioner under the provisions of the N.I. Act and therefore prayed for his discharge from the said proceedings. The Court below finally vide its impugned Order dated 27.02.2016 rejected the same. It is this order which is assailed in the present Misc. Petition.
