Alexander Thomas, J.

The petitioner herein is the complainant in C.C.No.632/2010 on the file of the Judicial First Class Magistrate Court-II, Palakkad, alleging offence punishable under Section 138 of the Negotiable Instruments Act, against the respondents 2 to 5 herein (accused Nos. 1 to 4 therein). As per the averments in Anx.A-1 complaint, R-2 herein is a company running the business of kuries and R-3 herein is the Managing Director and R-4 and R-5 are the Directors of the company. According to the petitioner, it is averred in the complaint that the petitioner is a subscriber to the kuri and towards settlement cheque dated 29.5.2010 for an amount of Rs. 94,291/- drawn from the account of the 2nd respondent company and payable in favour of the complainant was presented for encashment, which resulted in dishonor of the cheque on the ground of insufficiency of funds. Thereafter, the complainant had complied with the requisite statutory formalities for the initiation of the complaint and had taken steps for instituting the above complaint as per Anx.A-1, which was taken on file as C.C.No.632/2010 on the file of the Judicial First Class Magistrate Court-II, Palakkad.

2. In para