JUDGMENT:- In all these matters, the common question that has been raised is "Whether a complaint under Section 138 of Negotiable Instruments Act, is maintainable when the complainant receives an intimation of dishonour from the banker of the drawer to the effect that "the signature of the drawer does not tally" or the remarks of the bankers are "Drawers signature differs from the specimen signature ?"."

2. In other words, when the Negotiable Instruments Act and more particularly Section 138 thereof permits filing of a complaint alleging commission of offence under Section 138 of N.I. Act on the ground that the dishonour of cheque is for insufficiency etc. of the funds is such a complaint tenable or the words are restrictive in nature, hence not capable of a wide meaning. Thus, assuming that the substantive provision is restrictive, yet, considering the title of the section in question, whether a complaint can be filed under Section 138 even if the endorsement or bankers slip is to the afore mentioned effect.

3. The facts in Criminal Application No. 4434 of 2009 need be noted for the purpose of appreciating the rival contentions. The first-respondent complainant filed a complaint bef

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