S. R. BANNURMATH, J. ,, J.

( 1 ) THIS petition is filed under Section 482 of the Cr. P. C. , by the accused praying for quashing of the proceedings in C. C. No. 29047 of 2001 on the file of the XII Additional Chief Metropolitan Magistrate, Bangalore.

( 2 ) THE brief facts of the case are as follows. The respondents-complainant has filed a private complaint in P. C. R. No. 240 of 2001 (now numbered as C. C. No. 29047 of 2001) before the learned magistrate, Bangalore, under Section 200 of the Cr. P. C. , to initiate criminal action against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'act'), on the ground that the petitioner had engaged the services of the respondent for execution of civil works and in this regard, the petitioner was due to the respondent a sum of Rs. 7. 5 lakhs. In this regard the petitioner has issued a cheque dated 14-11-2000 for a sum of Rs. 1,95,600/- drawn on the Indian overseas Bank, Bangalore, towards discharge of the aforesaid liability in part. The said cheque was presented by the respondent through his banker but the same came to be returned unpaid with an endorsement 'payment

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