PRATAP SINGH J.

The accused in C. C. No. 51 of 1993 on the file of the Chief Judicial Magistrate, Nagercoil, has filed this petition under section 482 of the Criminal Procedure Code, for quashing the said C. C. No. 51 of 1993. The respondent has filed a complaint against the petitioner for an offence under section 138 of the Negotiable Instruments Act, 1881. The allegations in the complaint are briefly stated as follows :

The respondent has purchased 100 bags of rice on August 10, 1992, from the petitioner as per credit bill No. 69 for Rs. 60, 540 and has taken delivery of the said 100 bags of rice. The respondent issued a cheque on Canra Bank, Nazarath, dated September 22, 1992, for a sum of Rs. 30, 540 in favour of the petitioner towards the part payment of the abovesaid credit bill. When the petitioner presented the said cheque on September 22, 1992, through his bank, namely, State Bank of India, Vadiveeswaram Branch, Nagercoil, for collection, it was returned on October 22, 1992, with an endorsement "funds insufficient". The respondent knowing fully well that he did not have enough funds in his bank account issued the cheque, with an intention to cheat the petitioner.