Veerabhadraiah, J - The petitioner sought for quashing of the order of the learned Civil Judge and JMFC, Bellary in CC No. 167/2000 taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

2. The petitioner No. 1 issued a cheque in favour of the respondent for a sum of Rs. 4,00,000/- drawn on Vyshya Bank Ltd., Main Branch, Bangalore Road, Bellary. The respondent presented the cheque for realisation of the amount and the same was bounced with an endorsement "account closed". Thereafter, the respondent issued a legal Notice on 20-4-2000 and presented a complaint under Section 200 of the Cr.P.C. for taking cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act. The learned Prl. Civil Judge & JMFC, Bellary considering the materials on record held that the ingredients of Section 138 of Negotiable Instruments Act are made out. Accordingly, taken cognizance of the offence punishable under Section 138 of the NI Act and registered a case. It is this order, which is now questioned in the present petition.

3. The learned Counsel Sri V.T. Rayareddy for the petitioners, firstly contended that there is no valid