C. Y. SOMAYAJULU, J.

( 1 ) SECOND respondent filed C. C. No. 252 of 2003 against the petitioners for an offence under Section 138 of the Negotiable instruments Act (the Act) alleging, that he, as a contractor, undertook the cable laying work advertised by the petitioners, for which an amount of Rs. 1,58,776. 00 was due to him, for which petitioners had issued a cheque bearing No. 683707 dated 19-04-2003 drawn on Indian Overseas Bank, Kodambakkam, chennai to him. When he presented the said cheque for collection on 21-04-2003 in pinakini Grameena Bank, Kavali, it was returned with an endorsement payment stopped by the drawer , and so he issued a statutory notice to the petitioners intimating them about the dishonour of the cheque and making demand for payment of the amount covered by the cheque, but petitioners did not make the payment, and thus they committed an offence under Section 138 of the Act. This petition is filed to quash the said complaint.

( 2 ) THE contention of the learned counsel for petitioners is since petitioners, who are the Senior General Manager and Manager of telecommunications Consultants India limited (the Company), a Government of india Enterprise, did not ac

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