JUDGMENT

K.G. Balakrishnan, J.—Leave granted.

2. This appeal is directed against the order passed by a learned Single Judge of the High Court of Karnataka. The appellant herein filed a complaint before the Magistrate alleging that the respondent herein had committed an offence punishable under Section 138 of the Negotia­ble Instruments Act, 1881 [for short, “the Act”]. The appellant alleged that he and his two friends had advanced a sum of Rs. 7.5 lakhs to the respondent about four years back to enable him to start a petrol pump and that the respondent did not pay back the said amount despite repeated demands and finally at the request of the appellant, on 30-3-1998 the respondent issued a cheque in favour of the appellant. The appellant presented the cheque for payment, but the cheque was dishonoured by the bank for the reason “Account closed”. Thereafter, the appellant issued a statutory demand notice and as the respondent failed to pay the amount, a complaint was filed before the Magistrate by the appellant. In the complaint, it was alleged that the appellant and his two friends advanced the said sum of Rs. 7.5 lakhs to the respond­ent about four years prior to the date of issue