ORDER

N.S. Veerabhadraiah, J. - The petitioner sought for quashing of the order of the learned Civil Judge and Judicial Magistrate of the First Class. Bellary in C.C. No. 167 of 2000 taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The petitioner 1 issued a cheque in favour of the respondent for a sum of Rs. 4,00,000/ - drawn on Vyshya Bank limited. Main Branch, Bangalore Road, Bellary. The respondent presented the cheque for realisation of the amount and the same was bounced with an endorsement "account closed". Thereafter, the respondent issued a legal notice on 20-4-2000 and presented a complaint under Section 200 of the Cr. P.C. for taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Principal Civil Judge and Judicial Magistrate of the First Class, Bellary, considering the materials on record held that the ingredients of Section 138 of the Negotiable Instruments Act are made out. Accordingly, he took cognizance of the offence punishable under Section 138 of the NI Act and registered a case. It is this order, which is now questioned in the present petition.

3. The le