Heard the Counsel for the petitioner and the Learned Counsel for the respondent.

2. The petitioner was a complainant who had initiated proceedings under Section 200 of the Code of Criminal Procedure, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, against the respondent herein. The proceedings were contested by the respondents. The Court below, on the allegation of the complainant that the complainant-petitioner had business transactions with the respondents, who were a partnership firm engaged in dealing with tarpaulins and that the respondent herein had approached him for a loan and it was granted to him. On default of payment, a demand was made by the petitioner and in consideration of discharge of the loan, the respondent herein had issued a cheque for Rs.50,000/-dated 30.6.2001. The said cheque, when presented to the Banker of the petitioner, the same was returned on 31.12.2001 with an endorsement by the Banker of the respondent as follows: `refer to drawer’. It is in this background, that a legal notice was issued for the alleged offence and proceedings were initiated against the respondents. Ultimately, the Court of Magistrate h