ORDER:

The instant petition under Section 482 of Code of Criminal Procedure, 19731 is filed by the Petitioner/Accused, seeking to quash the proceedings against him, in C.C.No.121 of 2018 on the file of the Court of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Nellore, registered for the offence punishable under Section 138 r/w 142 of Negotiable Instruments Act,1881.2

2. The facts which led to the filing of this petition, in brief, are:

2.1. It is the complainant’s case that the Petitioner/Accused borrowed a sum of Rs.14 lakhs from Respondent No.2/Complainant on 15.11.2010 for his business necessities and executed a demand promissory note on the even date, agreeing to repay the same with interest @12% per annum. After repeated demands of the complainant, Accused issued a cheque bearing No.590781 dated 27.03.2013 for a sum of Rs.17,85,000/-.

1 for short ‘Cr.P.C’

2 for short ‘the N.I. Act’

2.2. On presentation of the same by the complainant before his banker HDFC, Nellore on 28.03.2013, the same was returned with endorsement “Insufficient Funds”. On advice of the Accused, the complainant represented the cheque on 09.04.2013 and the same was also returned with an endo