1. Rule. By consent heard forthwith.

2. The only question that arises in this Revision Application is whether the prosecution under Section 138 of the Negotiable Instruments Act against the drawer of a post-dated cheque who, after issuing the cheque closed the account in the Bank, is sustainable, in the event of the cheque being dishonoured.

3. The bare facts of the case are that accused (the petitioner herein) was engaged in the distribution of liquors and wines to retailers and he used to purchase from the complainant (the respondent herein) bulk quantities of various types of liquors on credit basis from 1991 onwards. When the accounts between the petitioner and the respondents struck, the petitioner and the respondents struck, the petitioner was liable to pay a balance of Rs. 6,03,893 as on 4-7-1992 towards the transactions of purchase of liquors and wines on credit basis. On a settlement arrived between the parties, towards the part payment of the said dues, 3 cheques were issued by the petitioner, one of the cheques being cheque No. 0057511 dated 5-9-1992 drawn on the Goa Urban Co-operative Bank Ltd. for a sum of Rs. 2,00,000/-. The respondent presented the cheque for