PRATAP SINGH J.

The accused in C. C. No. 356 of 1990, on the file of Judicial Magistrate No. III, Coimbatore, has filed this petition under section 482 of the Criminal Procedure Code, praying to call for the records in the above case and quash the same. The short facts are : The respondent has filed the pivate complaint against the petitioner for the offence under section 138 of the Negotiable Instruments Act (which I shall hereafter refer to as "the Act"). The allegations in it are briefly as follows :

The complainant supplied goods to the accused on credit and as per the accounts maintained by the complainant, the accused owe to the complainant a sum of Rs. 1, 11, 465.45 as on March 31, 1990. Towards a portion of the said liability, the accused issued a cheque dated March 31, 1990, for Rs. 48, 000 in favour of the complainant. The complainant presented the cheque (or collection through his bankers. The cheque was dishonoured on the ground that it exceeds the arrangement. The above fact was intimated to the complainant by the bankers on June 20, 1990. By notice dated June 27, 1990, the complainant called upon the accused to pay the cheque amount within 15 days of the rec