M.N. Krishnan, J.—This petition is filed to quash Annexure A3 complaint in the interest of justice. The prosecution under Section 138 of the Negotiable Instruments Act alleging that the accused in discharge of the liability had issued a cheque for Rs. 2,00,000 which when presented for encashment returned with an endorsement of insufficiency of funds and that the amount has not been paid and so the prosecution.

2. The learned counsel for the petitioner contends that the whole proceeding is vitiated on account of the statutory non-compliance contemplated under Section 138(b) of the Negotiable Instruments Act. Under Section 138(b) of the Negotiable Instruments Act held that:

“the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving notice in writing to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid.”

So the underlining argument is that the statute commands a demand for payment of the amount. I had perused the notice issued which is marked as Annexure A2. A reading of the said lawyer notice would s