ORDER

Leave granted.

The appellant has filed this appeal against the order of the High Court quashing a complaint proceeding exercising its power under Section 482 of the Code of Criminal Procedure. On the basis of a complaint filed under Section 138 of the Negotiable Instruments Act after examining the complainant the Magistrate took cognizance of the offence and issued process. The accused Veralakshmi Gundu Rao assailed the order of taking cognizance and issuance of process by filing of application in the High Court under Section 482 of the Code of Criminal Procedure. The High Court, by the impugned order, has quashed the said order of taking cognizance.

2. The sole contention of the appellant in this Court is that the High Court exceeded its jurisdiction under Section 482 of the Code of Criminal Procedure, having tried to shift the materials and their coming to the conclusion that no prima facie case has been made out against accused Veralakshmi Gundu Rao.

3. On the basis of this statement made in the complaint, it was not open for the High Court to quash the proceedings against the respondent. Mr. Lalit appearing for the accused, on the other hand, contended that it was open even