1. Petitioner seeks to quash proceedings pending in C.C. No. 5457 of 2011 on the file of learned Chief Metropolitan Magistrate, Egmore, Chennai.

2. The case relates to a complaint preferred by the respondent against the petitioner alleging commission of offence under Section 499 of Indian Penal Code.

3. The respondent/complainant is an Advocate and in the complaint preferred by him, he has informed that in answer to a notice issued under Section 138 of the Negotiable Instruments Act on behalf of the petitioner, he had caused a reply on behalf of his clients on 27.05.2011. A rejoinder has been caused by the petitioner on 04.06.2011. The offending portions of the said rejoinder is as under:

“My client states that the defence theory set by your client is purely an after thought and your client had chosen the reply notice as a tool for defence. Your client is thinking himself as smart and intelligent and is acting cleverly with an ulterior motive and criminal intention to escape from the clutches of law. Only after the receipt of my clients notice, your client is running here and there throwing false allegations, foisting frivolous complaints against my client without any basis and t