ORDER

Dated this the 6th day of April, 2022 The petition on hand is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking to reverse Annexure-2 order.

2. The petitioner is the sole accused in C.C.No.480/2020 on the files of Judicial First Class Magistrate Court (N.I.Act Cases), Ernakulam (for short ‘the court below’). The above case was originated from a private complaint filed by the 2nd respondent alleging commission by the petitioner of an offence, punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘NI Act’). The allegation in the case was that a sum of Rs.10,00,000/- was borrowed by the petitioner from the 2nd respondent on 08.06.2013 agreeing to return the amount with interest at the rate of 12% per annum within one year. Despite demands made severally, the petitioner failed to pay the amount with interest. A cheque bearing No.017367 drawn on IDBI Bank Ltd. Edappally Branch was issued by the petitioner to the complainant on 15.11.2014. The cheque was presented before the Bank but it was returned unpaid for the reason ‘Account closed’. Notice of dishonour was issued to the petitioner. Lawyer Notice was also sen