P.R. Shivakumar, J.—The arguments advanced by Mr. E.V.N. Siva, learned counsel representing M/s. N.Vijayakumar, learned counsel on record for the petitioner were heard. The petition and the connected documents filed in the form of typed-set of papers were also perused.

2. The present revision has been filed against the order of the learned Judicial Magistrate, Padmanabhapuram, dated 12.11.2011 made in Crl.M.P.No.13062 of 2011 in STC No.414 of 2011, on the file of the Trial Court. The petitioner is the sole accused in the abovesaid Criminal case S.T.C.No.414 of 2011, a case instituted on a private complaint by the respondent herein for the alleged offence punishable under Section 138 of Negotiable Instruments Act. The learned Judicial Magistrate, Padmanabhapuram after following the Private Complaint Procedure, issued summons under Section 204 Cr.P.C., to the petitioner herein/accused, on forming an opinion that the case was not one wherein it could be said that there was no sufficient ground for proceeding.

3. The petitioner/accused, who received the summons entered appearance and filed a petition praying for dropping all further proceedings in the said complaint based on th