ORDER :

The petition is filed praying to quash the order dated 18.07.2018 and proceedings in C.C.No.407/2018 pending on the file of the Civil Judge and JMFC, Huvinhadagali registered for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the ‘N.I Act’, for brevity) against the petitioner – accused.

2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. Petitioner is accused and respondent is complainant in C.C.No.407/2018 pending on the file of the Civil Judge and JMFC, Huvinhadagali registered for offence punishable under Section 138 of the N.I Act. The respondent has filed complaint against the petitioner for dishonour of cheque for offence punishable under Section 138 of N.I Act. The learned Magistrate after recording sworn statement has taken cognizance against the petitioner for offence punishable under Section 138 of N.I Act and ordered to register a criminal case by order dated 18.07.2018. The said order and proceedings in C.C. No.407/2018 are sought to be quashed.

4. Learned counsel for the petitioner would contend that the payee of the cheque is Sri Vasavi Traders and complaint has been filed