JUDGMENT : - Petitioner being accused No.2 in C.C. Nos.26054/2004, 26072/2 26053/2004, 26056/2004, 26055/2004, 2607 2004, and 26071/2004, pending on the file 14th Addl. Chief Metropolitan Magistrat Bangalore, has sought for quashing the said proceedings.

2. Based on the complaints lodged by respondent herein against the petitioner and two others alleging offence under Section 138 of Negotiable Instruments Act, the present proceedings are initiated. The complaints disclose that the cheques issued by the accused for repayment of the legally recoverable debts due to the complainant's company, were, on presentation, returned by the concerned Bank with an endorsement of "Alteration in date and drawer's signature differs". The statutory notices issued by the complainant to the petitioner herein returned with an endorsement of "not claimed". As the amounts involved in the cheques were not paid by the accused, complaints came to be filed. The principle contentions raised by the learned counsel for the petitioner are as under:

(a) Petitioner is not the partner of the 1st accused firm and that he is not involved in day - to - day affairs of the firm,

(b) As the cheques are returned w

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