JUDGMENT/ORDER

G.K. Ilanthiraiyan. J. - This petition has been filed to quash the proceedings in S.T.C.No.268 of 2017 pending before the Judicial Magistrate, FastTrack Court (Magisterial Level), Nagercoil, Kanya kumari District dated 23.10.2016, having been taken cognizance for the offence under Section 138 of the Negotiable Instrument Act.

2.The learned counsel appearing for the petitioner would submit that the petitioner is the sole accused. The respondent instituted the proceeding under Section 138 of the Negotiable Instrument Act on the allegation that the petitioner issued a cheque dated 10.03.2017 and when the same was presented for collection through their bank viz., Canara Bank, Ramanputhoor branch on 21.03.2017, the said was dishonored with an endorsement "Overwriting". Subsequently, the petitioner requested the respondent to wait for six months to settle the amount. Even then, the petitioner did not settle the amount as promised by him. Therefore, again, the cheque was represented for collection through the bank on 26.09.2017 and the same was returned for the reason "Instrument out dated stale" on 27.09.2017. Immediately, he sent a statutory notice on 07.10.2017 to the peti