S. Marimuthu, J.

This case has been filed under S.482 Criminal Procedure Code to quash the proceedings in C.C.No. 387 of 1998 on the file of the Judicial First Class Magistrate Court No. 1, Fort Cochin. The above said criminal prosecution was launched by the second respondent-complainant on the ground that the petitioner-accused herein borrowed a sum of Rs. 90,000/- on 24.12.1995 and another sum of Rs. 90,000/- on 30.6.1996 agreeing to repay the same on 30.12.1996 with 24% interest per annum and as a security for the payment of the above principal amount, he issued two cheques and also a promissory note in favour of the second respondent. Since the payment was not made as promised, the criminal complaint was filed by the second respondent.

2. The learned counsel appearing for the petitioner would contend that the complaint itself is not in accordance with the provisions laid down in S.138 of the Negotiable Instruments Act. According to the learned counsel, the cheque on the basis of which the criminal complaint was filed under S.138 of the Negotiable Instruments Act ought to have been issued for the sole purpose of discharge of any previous debt or liability.

In the instan