K.N. Basha, J.—The petitioner has come forward with this petition seeking for the relief of quashing the proceedings initiated against him in CC.No.696/2004 on the file of the learned Judicial Magistrate No.1, Erode, for the alleged offence under Section 138 of the Negotiable Instruments Act.

2. Mr. G. R. Hari, the learned counsel for the petitioner submitted that the petitioner is a physically handicapped person and he has lost his right arm above the elbow in a bus accident and he has been served with the summons in this case to appear before the learned Magistrate.

3. The learned counsel for the petitioner vehemently contended that the learned Magistrate ought not to have taken cognizance of the offence under Section 138 of the Negotiable Instruments Act on the basis of the complaint preferred by the respondent/complainant and made the following three-fold submissions:

“(1) The cheque involved in this case had been presented for collection by the respondent/complainant on 29.3.2004 itself was the same wee returned on the ground of “Insufficient Funds” on. 5.4.04 and the intimation of the return of the cheque was given to the respondent/complainant on 15.4.2004 and a statu