K. GOVINDARAJULU, J.—The accused In. C.C. No. 10733/2004 on the file of the XII Additional Chief Metropolitan Magistrate Bangalore is the revision petitioner.

2. The parties will be referred according to their ranking found before the Magistrate.

3. The complaint, under Section 200 Cr.P.C. is filed by the complainant complaining an offence under Section 138 of the Negotiable Instruments Act.

4. The facts pleaded by the complainant are that the accused is known to the husband of the complainant. The husband of the complainant Arun Kumar was an employee of Vijaya Bank. He took voluntary retirement.

Then the accused borrowed a sum of Rs. 5 lakh for the purposes of Hotel business, he agreed to repay within few months to Arun Kumar, executed an agreement, also issued a cheque bearing No. 053457 dated 3.3.2004 drawn on Global Trust Bank, Jaynagar Branch, Bangalore, The said cheque was presented, the said cheque returned with the endorsement as “account dosed” on 4.3.2004. So, the complainant got issued notice on 8.3.2004. There was no compliance, so the complainant contend that the accused has committed an offence punishable under Section 138 of the Negotiable Instruments Act.

5. The def