, J.

1. - This is a petition under Sec.482 of the Code of Criminal procedure for quashing criminal complaint Annexure P-1 dated 10.8.1989 under section 420 IPC and Sec.138 of the Negotiable Instruments Act, 1881 , as amended by amendment Act 66 of 1988, and the First Information Report Annexure p-3 dated 2.3.1990, under Sec.420 IPC lodged by private respondent No.2 krishan Kumar against the petitioner.

2. The petitioner is an Accountant in the State Bank of India. Respondent no.2 is a partner in Bharat Rice Mills. On 23.4.1989 the respondent appears to have given a cheque for Rs.2,00,000/- to the petitioner, payment under the cheque was made by the State Bank of India, Fazilka, on 25.4.1989 to the petitioner. The amount is stated to have been given as a loan and it was to carry interest at the rate of Rs.1.50 per cent per month. Towards repayment, the petitioner is stated to have issued a cheque for 5,000/- on 25.6.1989. It was to be presented on 30th june, 1989 at Jaipur. Repeated efforts to obtain the payment under the cheque failed. The respondent paid a personal visit and urged the petitioner to make the payment but to no purpose. Consequently, the respondent lodged a c