Alok Aradhe, J.

Heard. In this petition filed under section 482 of the Criminal Procedure Code, the petitioner has assailed the validity of the order dated 6-9-2008 passed by the trial Court by which the trial Court has directed registration of an offence under section 138 of the Negotiable Instruments Act, 1881 (in short 'the Act') against the petitioner.

2. Facts giving rise to filing of this petition, briefly stated are that on 1-7-2006, the petitioner borrowed a sum of Rs. 30,000/- from the respondent and it was agreed that the aforesaid amount shall be paid back to the respondent upto 31-3-2007. With a view to secure the amount in question, the petitioner submitted an undated cheque, duly signed by him, bearing No. 983088 drawn on State Bank of India, Gotegaon in the name of the respondent and the aforesaid transaction was evidenced by execution of a document Annexure P/3 dated 4-7-2006. It appears that the respondent presented the cheque on 5-5-2008, which was returned with an endorsement that the account of the petitioner has been closed. Thereupon, the respondent issued a notice to the petitioner and filed a complaint under section 138 of the Act. The Magistrate, by or