( 1 ) THE petitioner who is the accused in C. C. No. 372 of 1990 in the Court of the IV Metropolitan Magistrate, Hyderabad, has filed this petition under section 482, Criminal Procedure Code, to quash the proceedings. That case was filed on a complaint instituted by the first respondent under section 138 of the Negotiable Instruments Act. The allegations in the complaint in brief are that the petitioner who is the accused therein had given a cheque in favour the complainant on 31/03/1990, on the Canara Bank, Sultan Bazaar, Hyderabad, for an amount of Rs. 5,45,000 and when the complainant presented the cheque to his bankers for collection, the said cheque was dishonoured by the Canara Bank. The complainants has issued a notice as required by section 138 (a) of the Negotiable Instrument Act and though the accused received the notice, he did not send the amount but sent an untenable reply.

( 2 ) LEARNED counsel for the petitioner (accused) has stated that the petitioner opened an account with the Canara bank, Sultan Bazar Branch, Hyderabad, on 24/09/1984, in the name of Srikrishna and Co. He was operating the account and closed it on 24/10/1988. The petitioner was su