( 1 ) THE present petition has been filed under section 482 Crpc. for quashing of the complaint case filed under Section 138 of the Negotiable Instruments Act and orders dated 29th November, 2003 and 18th march, 2006 and also the subsequent proceedings relating thereto.

( 2 ) THE brief facts, as alleged in the petition, are that a Hire Purchase Agreement dated 19th September, 2001 was executed between the respondent no. 3 and respondent no. 4 and petitioner acted as the guarantor for the said loan. Thirty six (36) cheques were handed to the representative of respondent no. 2. Later on the petitioner detected the fraud in the agreement and issued legal notice to respondent no. 2 not to present any cheque for encashment. The respondent no. 2 terminated the agreement dated 19th september, 2001 and also invoked the arbitration clause and filed the application under the Arbitration and Conciliation Act in the civil suit and prayed to the Court to refer all the disputes for adjudication before the Arbitrator which was allowed by the civil judge. Later on 9th September, 2003, respondent no. 2 filed the complaint under section 138 of the Negotiable Instruments, act before