ORDER

M.P. Chinnappa, J. - This petition is filed under Section 482, Criminal Procedure Code to quash the proceedings pending against the petitioner in C.C. No. 13178 of 1990 (P.C. 71 of 1989), on the file of the III Additional Munsiff and Judicial Magistrate, First Class, Mangalore, Dakshina Kannada.

2. The brief facts of the case are the respondent filed a complaint under Section 200, Criminal Procedure Code on the allegation that the petitioner issued a cheque in a sum of Rs. 83,894/- towards repayment of the amount due to the respondent. The said cheque is dated 31-7-1989. The respondent presented the cheque to the bank but the same was dishonoured by the bank with an endorsement 'stopped payment'. Thereafter on 13-9-1989 the respondent got issued a legal notice to the petitioner. The said legal notice was returned un-served with a postal shara that addressee refused. Hence, the complaint was filed on 27-9-1989 before the Court. The learned Magistrate after taking cognizance of the offence directed to issue process. The said order is questioned in this case.

3. Heard the learned counsel for petitioner. Though notice was served on the respondent, he did not choose to appear or a