( 1 ) BEING aggrieved and dissatisfied by the judgment and order dated 16-3-1994 passed by the High Court of Madras in Criminal OP No. 1633 of 1992 quashing the process issued in Criminal Complaint No. 356 of 1990 filed by the present appellant, the appellant has preferred this appeal.

( 2 ) THE appellant-complainant filed a private complaint against the respondent for the offence punishable under Section 138 of the Negotiable instruments Act, 1881 alleging that the complainant supplied goods to the accused on credit and as on 31-3-1990 the respondent was liable to pay an amount of Rs 1,11,465, towards the portion of the said liability, the accused-respondent issued a cheque dated 31-3-1990 for a sum of Rs 48,000 in favour of the complainant. The said cheque was dishonoured on the ground that it exceeded the arrangement. By a notice dated 27-6-1990 the complainant called upon the accused-respondent to pay the cheque amount within 15 days of the receipt of the notice. As the accused failed to pay the amount aforesaid, a complaint was filed before the IIIrd Judicial Magistrate, coimbatore. The Magistrate issued process against the accused. That was challenged before the High Court an