ORDER

The petitioner is the accused in C.C.No.1993 of 2015 on the files of the Judicial Magistrate of the First Class-XII, Thiruvananthapuram. The case originated from a complaint filed by the 1^st respondent against the petitioner, alleging commission of the offence under Section 138 of the Negotiable Instruments Act, 1881 . The allegations in the complaint are to the following effect;

The complainant, an NRI, returned to Kerala and started a business in Thiruvananthapuram. In the course of his business, the complainant got acquainted and later developed friendship with the accused and her husband. While so, the accused and her husband borrowed an amount of Rs.15 lakh from the complainant and towards discharge of that liability, the accused issued a cheque for Rs.15 lakh. Contrary to the assurance of the petitioner that sufficient funds is retained in the account, the cheque, on presentation