JUDGMENT

A.N. Venugopala Gowda, J.—The petitioner, shown as an accused, in a private complaint filed by the respondent, alleging commission of an offence under S. 138 of the Negotiable Instruments Act, 1881 (for short, ‘the Act’), filed this petition by contending that the complaint is not maintainable and no such proceeding could be launched against him. This petition was filed under S.482 of Cr. P.C., to quash the entire proceedings in PCR No. 15347/2014 pending on the file of the XXVCII ACMM, Bengaluru.

2. Background facts, sans unnecessary details are as under:

In the complaint, the respondent herein has alleged that the petitioner had received from his Rs. 20,67,000/-, in the matter of arranging a loan of Rs. 15,00,00,000/- and as the loan could not be arranged, when the said amount was sought to be returned, issued four cheques of Rs. 4,00,000/- each, drawn on Corporation Bank, R.T. Nagar, Bengaluru – 32 and agreed to pay in due course, the balance of Rs. 4,67,000/- in cash or by cheque. The cheque when presented for encashment were dishonoured by the said bank and a demand notice dated 05.04.2011 was given, to pay the amount. It was alleged that in view of the request made b