K.Ramakrishnan, J.—This is an application filed by the accused in C.C.No.16/2014 on the file of the Judicial First Class Magistrate Court-III, Ernakulam, to quash the proceedings under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that the petitioner is the sole accused in C.C.No.16/2014 on the file of the Judicial First Class Magistrate Court-III, Ernakulam, which was taken cognizance by the magistrate on the basis of a private complaint filed by the complainant/ first respondent herein, alleging offence under Section 138 of the Negotiable Instruments Act.

3. The case of the complainant in the complaint was that there was an amount of 28,00,000/- due and in discharge of that liability, the accused had issued a cheque for 28,00,000/- with date 01.11.2013. Even in the complaint, he had admitted that before the date mentioned in the cheque an amount of Rs.6,00,000/- was paid and in spite of that the complainant presented the cheque and got it dishonoured and sent a notice claiming for the balance amount and the accused had issued reply notice stating that amount covered by the cheque is not really due and in spite of that a complaint has been