ORDER :

1. The petitioner is seeking quash of CC.No.250 of 2023 on the file of Additional Judicial Magistrate of First Class, Kovur. The petitioner is arraigned as accused for the alleged offence under Section 138 of Negotiable Instruments Act.

2. It is submitted that the 2nd respondent filed a complaint alleging that the 2nd respondent along with one M.Naga Raju were in the real estate business and in order to facilitate generation of revenue an agreement of sale cum GPA was entered on the name of the petitioner with an understanding that the accused will re-convey the title to the complainant.

3. It is stated in the complaint that the petitioner along with M.Naga Raju without any intimation to the 2nd respondent executed a registered sale deed to one R.Sunil Kumar and collected the sale consideration. On demand from the 2nd respondent it is alleged that the petitioner issued a cheque towards part-payment and that the said cheque was dishonoured when it was presented.

4. The cheque bearing No.000005, dated 01.01.2023 was presented on 18.01.2023 which was returned dishonoured on 19.01.2023, thereafter, a legal notice dated 27.01.2023 was issued which was served on the petitioner on