JUDGMENT

1. In this petition filed under Sec. 482 of Cr.P.C., petitioner is seeking quashing of criminal proceedings against him in C.C. No.1593/2022 (Old C.C. No.1383/2020) on the file of Prl. Senior Civil Judge and CJM, Dharwad, for the offence punishable under Sec. 138 of Negotiable Instruments Act (for short "N. I. Act")

2. Brief facts leading to the filing of the present petition are that petitioner borrowed loan in a total sum of Rs.24,20,060.00 from respondent-Credit Co-operative Society, by mortgaging immovable property and also five blank cheques were issued by way of security. Due to unavoidable circumstances he could not repay the loan. Petitioner has alleged that with ulterior motive respondent presented cheque bearing No.563825 dtd. 31/8/2020 for a sum of Rs.34,36,439.00. The same was returned with an endorsement "account closed". Petitioner has stated that the said account being "dormant account" was closed pending investigation in ACB case. It is the further case of petitioner that the cheques in question were not issued towards repayment of legally recovery of debt - but they were issued by way of security.

3. After the cheque in question was returned with the said e