V. Eswaraiah, J. - This Criminal Petition is filed to quash the proceedings against the petitioner for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred as 'the Act') in C.C.No. 39 of 2001, on the file of the VII Metropolitan Magistrate at Visakhapatnam.

2. The 1st respondent filed a criminal complaint under Section 138 of the Act, against the petitioner herein stating that the complainant had joined as a member in the chit fund of the accused-petitioner herein and after the completion of the chit, the accused gave two-cheques towards the final settlement of the chit amount in favour of the complainant, drawn on Canara Bank, Visakhapatnam, to "be paid in favour of the complainant by way of Demand Draft. The said two cheques were presented on 5-12-2000 before the bank, but the bank dishonoured the same on 6-12-2000, due to insufficiency of funds. When the complainant informed the same to the accused about the dishonour of the two cheques, the accused requested the complainant to present them ,once again and accordingly, the complainant a-presented the cheques on 22-12-2000 and again the cheques got dishonoured by the bank for want of funds, Th