ORDER :

Heard learned counsel for petitioner and learned counsel for respondent.

This petition is filed seeking to quash the complaint in C.C.No.764/2014 pending on the file of Judicial Magistrate, First Class (V Court), Mangaluru.

2. The respondent – State Bank of India filed a complaint under section 200 Cr.P.C., seeking action under section 138 of the Negotiable Instruments Act, 1881 (“N.I. Act” for short) for dishonour of the cheque issued by the petitioner herein for a sum of Rs.2,50,00,000/- (Rupees Two Crores Fifty Lakhs) drawn on Karnataka Bank Limited, Kadri Road, Pumpwell, Mangalore. According to the complainant, AZTEC Digitals Pvt. Ltd., borrowed a loan from State Bank of India, SME Branch. Towards the discharge of portion of the loan amount, as Director, the petitioner herein/accused issued the aforesaid cheque. The said cheque when presented for collection through Cheque Truncation System, the same was dishonoured on the ground of insufficient fund. Learned Magistrate took cognizance of the above offence and issued summons to the petitioner.

3. Petitioner has approached this court seeking quashment of the proceedings on the ground that averments made in the complaint are b