ORDER :- This is a petition filed under Section 482 of Cr. P. C., for quashment of the proceedings of a private complaint Cr. C. No. 2578/05, which is pending against the present petitioner in the Court of Judicial Magistrate First Class, Indore for trial of the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the N. I. Act").

2. Short facts of the case as narrated in the complaint filed by the respondent are that present petitioner purchased a vehicle from the respondent /complainant and handed over a cheque of Rs. 36,073/- drawn in Transport Cooperative Bank Ltd., Branch Transport Nagar, Indore. Respondent /complainant presented that cheque for clearance in Unit Trust of India Bank Ltd., Branch-Indore, within the specified time. The cheque was dishonoured by the banker of the present petitioner with a note that "payment stopped by drawer". Then notice was given by the respondent to the present petitioner to make the payment, but he failed to pay the amount within one month from the date of receipt of the notice, so respondent filed the complaint against the present petitioner.

3. It has been contended in the petition that initially

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