( 1 ) THE petitioner seeks to quash the proceedings initiated against him by the first respondent herein in CC No. 682 of 2000 on the file of the Judicial Magistrate of First Class, Venkatarigi in Nellore district.

( 2 ) THE first respondent filed a private complaint under Section 138 of the negotiable Instruments Act against the petitioner. The case of the complainant, inter alia, in the complaint was that the accused issued a post dated cheque bearing no. 263803 dated 30-7-2000 drawn on bombay Mercantile Co-operative Bank limited in discharge of the debt owed by him for having purchased zari sarees worth rs. 69,180/- under a Bill No. 8/44 on credit basis; and that when the complainant presented the said cheque with Andhira Bank, chikkadapalli Branch on 27-9-2000 for collection, it was returned with the endorsement "funds insufficient"; and that on the request of the accused the complainant presented the cheque again with Andhra bank, Venkatagiri Branch on 31-10-2000 and even on the second time also it was returned with the endorsement "funds insufficient"; and that therefore, he issued a legal notice to the accused demanding him to pay the amount due but the said