ORDER

V. Rajagopala Reddy, J. - The petitioners are the accused, the 1st petitioner is a company and the 2nd petitioner is its proprietor and the respondent is the complainant, on whose complaint, the learned IV Metropolitan Magistrate, Hyderabad, has taken cognizance of the offence under Section 138 of Negotiable Instrument Act, 1881 (for short, The Act) in C.C. No. 567 of 1993. The Petitioners approached this Court to quash the proceedings under Section 482 Cr. P.C. on two grounds: (1) that the allegations in the complaint do not constitute the offence under Sections 138 and 142 of the Act, since the cheque was returned unpaid for the reason of "stop payment by the drawer"; and (2) that the cheque was not issued towards a pre-existing debt. It is contended by the Counsel for the petitioners that the offence under Section 138 of the Act, can be fastened on the petitioners only if there was prior debt and that the cheque was returned by the bank on the ground of insufficiency of funds or on the ground of exceeding the limits permitted by the bank, and that the cheque having been returned only on the ground of 'stop payment' ordered by the petitioners, no penal liability is attracte