Mohan Shanti Anagoudar, J.—Petitioner being accused 2 in C.C. Nos. 26054, 26072, 26053, 26056, 26055, 26073 and 26071 of 2004, pending on the file of 14th Additional Chief Metropolitan Magistrate, Banglaore, has sought for quashing the said proceedings.

2. Based on the complaints lodged by respondent herein against the petitioner and two others alleging offence under Section 138 of the Negotiable Instruments Act, 1881, the present proceedings are initiated . The complaints disclose that the cheques issued by the accused for repayment of the legally recoverable debts due to the complainant’s company, were on presentation, returned by the concerned Bank with an endorsement of “Alteration in date and drawer’s signature differs”. The statutory notices issued by the complainant to the petitioner herein returned with an endorsement of “not claimed”. As the amounts involved in the cheques were not paid by the accused, complaints came to be filed. The principle contentions raised by the learned Counsel for the petitioner are as under.

(a)Petitioner is not the partner of the Ist accused firm and that he is not involved in day-to-day affairs of the firm;

(b)As the cheques are retur