1. The accused in C.C.46/90 pending trial before the Judicial Magistrate, Sivakashi for an offence under S.138 of the Negotiable Instruments Act, 1881 as amended by Act 66 of 1988, on a complaint given by the respondent herein, invoices the inherent powers of this Court under S.482, Cr.P.C. to quash the above proceedings.

2. The allegation in the complaint is that, for liabilities arising out of supply of pictorial calendars by the respondent to M/s.Surya Advertising Private Limited, whose sistern concern is M/s. Mudra Graphics Private Limited, the petitioner being the Managing Director of both the concerns, representing that funds in M/s.Surya Advertising Private Limited were not sufficient and that there was sufficient funds in M/s.Mudra Graphics Private Limited, issued a cheque for Rs.20,000/- in M/s.Mudra Graphics Private Limited account.

3. The cheque when presented by the respondent through the Tamil Nadu Mercantile Bank Ltd. Sivakasi, was returned unpaid for want of funds with an endorsement by the bank "refer to drawer". The statutory notice of demand was given to the petitioner requiring him to pay the amount within 15 days of the receipt of the notice and the pe