ORDER :

This petition is filed with a prayer to quash the complaint and taking of cognizance and issuance of summons against the petitioner herein, who is arrayed as an accused in C.C.No.1717/2016 on the file of the Prl. Civil Judge (Jr. Dn.) and JMFC, Ballari, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881, (for short ‘the Act’).

2. Heard Shri Ganapathi M.Bhat, learned counsel for the petitioner and Shri Gopalkrishna R.Kolli, learned counsel appearing for the respondent.

3. Respondent filed a private complaint alleging that accused No.1 is a private limited Company and accused Nos.2 and 4 are the Directors of accused No.1. For the development of their business and on behalf of accused No.1, they requested a hand loan from the complainant in a sum of Rs.9,50,000/-. The said hand loan was advanced and paid to accused No.2, for and on behalf of accused No.1, through complainant’s HDFC Bank account to the Axis Bank account maintained by the Company at Bengaluru branch. The sum was transferred on 28.10.2013. The accused persons promised that the said amount would be repaid within 1½ years. However, when the complainant demanded the said amount from acc