1. The submissions of the learned senior counsel appearing for the applicant were heard in support of this application under sub-section 4 of section 378 of the Code of Criminal Procedure, 1973.

2. The applicant is the complainant. The applicant filed a complaint against the 1st respondent alleging commission of offence under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the said Act).

3. With a view to appreciate the submissions made by the learned senior counsel appearing for the applicant, it will be necessary to refer to the facts of the case in brief. According to the case of the applicant the 1st respondent approached him in September 2004 through one Mrs. Kalayni Singh. The said Mrs. Kalyani Singh was known to the applicant. The 1st respondent represented that she was in need of financial assistance and she agreed to return the amount advanced within a period of three months to the 1st respondent. The applicant advanced a friendly loan of Rs.15 lacs to

the 1st respondent. She executed a hundi on 15th September 2004 in the sum of Rs.15 lacs and also issued a cheque dated 28th December 2004 favouring the applicant. The said cheque was di