JUDGMENT

G.B.PATTANAIK, J.

(1) LEAVE granted.

(2) THIS appeal is directed against the judgment of the Bombay High Court refusing the prayer of the accused to quash the criminal proceedings. A proceeding had been initiated under section 138 read with section 142 of the Negotiable Instrument Act (for short the Act), alleging that the cheque which the drawer had given, had not been honoured by the bank.

(3) THE gravamen of the accused-petitioners case before the High Court was that the grounds on which the cheque had not been honoured, would not constitute offence under section 138 of the Act, inasmuch as the ingredients that the account-holder had no sufficient funds at the credit of his account or that the amount in the cheque exceeded the amount which the account-holder had at his credit, had not been established in the case. Even there was no direction from the drawer to stop payment and the only ground on which the cheque appears to have not been honoured is that the drawers signature was incomplete.

(4) THE High Court, however, having noted the aforesaid contentions, being of the opinion that in view of the judgment of this Court in Modi