1. BY this application filed under Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the proceeding being Case No. C-1884/89 under Section 138 of the Negotiable Instruments act, 1881 as amended by the Banking, Public Financial Institutions and the negotiable Instruments Laws (Amendment) Act, 1988.

2. THE complaint petition field by the complainant/opposite party in the Court of the learned Chief Metropolitan Magistrate, Calcutta discloses the following facts the complainant is the proprietor of M/s. Alika Travels, Calcutta. In course of business a sum of Rs.20,000/- became due and payable by the accused (petitioner in this revisional application) to the complainant on account of transportation charge. The caused in discharge of the said existing liability issued an account-payee cheque bearing No. 489188 dated 6.5.1989 for the said sum of Rs.20,000/- drawn on American Express Bank Ltd. Old Court House Street Branch, Calcutta. The said cheque was presented for encashment thought the complainant's banker namely New Bank of India, Shakespeare Sarani, Calcutta after 2 months as per request of the accused. But the said cheque was returned bein