K. RAMAKRISHNAN, J.

1. This application is filed by the petitioner who is the accused in CC No.1760/2010 on the file of the Judicial First Class Magistrate's Court-V, Ernakulam challenging the order passed by the Magistrate in CMP No.427/2014 under Section 482 of the Code of Criminal Procedure.

2. It is alleged in the petition that the petitioners were arrayed as accused in CC No.1760/2010 on the file of the Judicial First Class Magistrate's Court-V, Ernakulam alleging commission of offence under Section 138 of the Negotiable Instruments Act. It is alleged in the complaint that the complainant and first accused are partnership firms and second accused is the Managing Partner of the 1st accused firm and the complainant and first accused firm were involved in business transactions in connection with Tea trade. In view of the business relationship, second accused approached the complainant for a loan of Rs. 5,00,000/- and the complainant arranged a loan accepting the promise of the accused to repay the amount within a short time. Contrary to the promise, the amount was not paid. When the complainant insisted for return of amount, the accused issued a cheque dated 5.12.2006 dra