ORDER :

This petition is filed by accused No.2 praying to quash the proceedings pending against him in CC No.834/2017 on the file of the Principal Civil Judge and JMFC, Koppal, for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short, ‘NI Act’).

2. Heard the learned counsel for the petitioner and learned counsel for respondent No.1/complainant and perused the material on record.

3. Accused No.1 is a partnership firm namely Sree Lakshmi Feeds, wherein accused Nos.2 to 5 are the partners of the said firm. It is stated that the complainant had exported maize to the accused on 9.12.2016 with a bill No.397 by hiring a lorry bearing No.KA-01/AE-6694 for Rs.35,800/-and goods was worth of Rs.3,59,507/-. After deducting the amount of Rs.35,800/-, the accused were supposed to pay an amount of Rs.3,21,707/-. It is stated that after receiving the goods, the accused did not make any payment, however, accused No.2 being a partner of accused No.1-Firm, issued a cheque bearing No.000218 6360130041 001416 dated 19.1.2017 in the name of complainant’s partnership trading company. When the said cheque was presented at Suco Bank for payment, the same came to be dishonoured w