( 1 ) IN this petition filed under Section 482 of the Code of Criminal Procedure (the Code for short) the petitioner against whom Criminal Complaint bearing No. 558 of 2003 is filed in the Court of learned Judicial Magistrate, First Class, Ahmedabad (Rural) for commission of alleged offence under Section 138 of Negotiable Instruments Act (the Act for short) in which process has been issued, has prayed to quash and set aside the complaint and process issued thereunder, on the grounds stated in the petition.

( 2 ) THE petitioner is the original accused whereas respondent No. 2 is the original complainant in the above referred criminal complaint. Therefore, for the sake of convenience and brevity, the petitioner is referred to as "the accused" whereas respondent No. 2 is referred to as "the complainant" hereinafter in this judgment.

( 3 ) AS per the averments made in the petition, the accused came in contact with the complainant and therefore as and when the accused was in need of money he used to borrow money from the complainant. The transaction started between both of them since 1992-93 and the last transaction between them took place in the year 1998. In that conn