1. This petition is filed by the accused under Section 482 Cr.P.C for quashing proceedings in C.C. No.397 of 2006 on the file of Additional Judicial Magistrate of the First Class, Karimnagar relating to offence punishable under Section 138 of Negotiable Instruments Act.

2. The 1st respondent filed private complaint in the lower Court against the accused alleging offence punishable under Section 138 of the Negotiable Instruments Act on the ground that cheque issued by the accused towards discharge of legally enforceable debt was dishonoured by banker of the accused for want of sufficient funds in his account. The dishonoured cheque was returned to the complainant with cheque return memo dated 13.06.2005 with an endorsement of “insufficient funds”. Thereupon, the complainant got issued statutory notice on 17.06.2005 calling upon the accused to pay amount covered by the cheque. It was received by the accused on 18.06.2005 and the accused sent reply notice dated 02.07.2005. The private complaint was filed in the lower Court on 14.09.2005 with delay of 41 days in presenting the complaint. The complainant filed separate petition in Crl.M.P. No.3639/2005 in the lower Court under