V. Kanagaraj, J. —The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.261 of 2002 on the file of the Judicial Magistrate, No.1, Kancheepuram and quash the same.

2. On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the respondent filed a private complaint against the petitioner in C.C.No O.261 of 2002 on the file of the Judicial Magistrate, No.1, Kancheepuram, alleging that the petitioner had committed an offence under Section 138 of the Negotiable Instruments Act. Learned counsel for the petitioner submits that the said private complaint is not maintainable as for a sum of Rs.18,00,000/- borrowed, the petitioner company had issued 18 cheques of Rs.1,00,000/- each out of which Rs.5,00,000/- were sent along with letter dated 2.1.2002 and 13 cheques were sent along with letter dated 12.2.2002. The respondent is said to have deposited one cheque on 18.6.2002 and it was returned for want of funds. The learned counsel for the petitioner submits that the issuance of cheque was not in discharge of any legally enforceable de