1. Heard Shri A.S. Zarekar learned Advocate for the petitioner and Shri C.R. Deshpande, learned Advocate instructed by Ms. Sabahat Kazi, learned Advocate for the Respondent.

2. Rule. By consent, rule made returnable forthwith and the writ petition is taken up for final disposal at the admission stage.

3. This writ petition is filed by original accused for quashing and setting aside the order passed on 7.8.2008 by the learned Judicial Magistrate, First Class, Ahmednagar on complaint Exhibit 1 in S.T.C. No.1467 of 2008 filed by present Respondent, whereby process was issued against the Petitioneraccused for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, "N.I.Act").

4. The point that is raised in this petition is "Whether one of the heirs of deceased payee can file complaint under Section 138 of the Negotiable Instruments Act. ?".

5. It is no more disputed at this stage that on 28.8.2007, petitioner accused had issued a cheque bearing No. 034452 for Rs.3,00,000/= (Rupees Three lakhs only) in favour of father of the Respondent complainant. Balbhir, father of the Respondent complainant died on 5.9.2007 in a vehicular accident.

On 5.2.