This Criminal Original Petition has been filed to call for the records of the entire proceedings pending on the file of the Hon'ble Judicial Magistrate No.1 at Kancheepuram in C.C. No.73 of 2012 against the petitioner/accused and quash the same.

2.For the sake of convenience, the petitioner and the respondent will be referred to as accused and complainant respectively.

3. Heard the learned counsel for the accused as well as the learned counsel for the complainant.

4. The petitioner is facing a prosecution for an offence under Section 138 of the Negotiable Instruments Act, 1881 (for brevity the Act) in C.C. No.73/2012 before the Judicial Magistrate Court No. I, Kancheepuram, challenging which, he is before this Court on a very short ground.

5. It is the case of the complainant that the accused had issued a cheque dated 01.10.2011 for Rs.2.75 crores, which was presented on 01.10.2011 and was dishonoured on 03.10.2011. Following that, the complainant issued a statutory notice dated 12.10.2011 and has thereafter, filed a complaint on 25.11.2011.

6. It is the contention of the accused that the statutory notice issued by the complainant under Section 138 of the Act does not even contai