K.T. Thomas, J. - A complaint was field in the lower court by petitioner's wife alleging that her husband has committed the offence under section 138 of the Negotiable Instruments Act. 1881 (for short the Act) in respect of a cheque bearing the date 28.8.1992. The cheque is for Rs. 1,50,000/- The magistrate before whom the complaint was field took cognizance of the offence and is accused process to the petitioner. Now the petitioner wants to have the complaint quashed under section 482 of the Code of Criminal procedure (for short the Code).

2. The complaint shows that a post -dated cheque was issued by the petitioner towards some liability or debt due to the complainant. Complainant alleges that petitioner had closed his account with the draw bank before the cheque was presented and hence it was returned unpaid for that reason. Petitioner's main contention is that there is no offence under section 138 of the Act when there was no account in the draw bank at the time the cheque was presented for encashment. According to the learned counsel, account of the drawer must be alive with the draw bank at the time of presentation of the cheque and only if the cheque is returned unp