Pratap Singh, J.- The accused in C.C. 1830 of 1991 on the file of II Metropolitan Magistrate, ignore, Madras, have filed this petition under Section 482, Criminal Procedure Code, praying to call for the records in the aforesaid case and quash the same.

2. The respondent has filed a private complaint against the petitioner under Section 138, Negotiable Instruments Act. The allegations in it are briefly as follows:

The first accused is a firm represented by its partner who is incharge of it viz., the second accused. In respect of the goods sold and delivered, the second accused issued a cheque on 11.12.1990 for Rs. 70,000/-. The second accused is incharge of the business. The complainant presented the cheque on 17.12.1990 for encashment. It was returned with an endorsement refer to drawer due to lack of sufficient funds and notice of dishonour was received by the complainant on 18.12.1990. He issued a notice through lawyer, dated 27.12.1990, calling upon the accused to pay the amount due under the dishonoured cheque. In order to escape from the consequences of Section 138, Negotiable Instruments Act and to circumvent the same, the accused managed to return the notice wit