( 1 ) THE petition seeks quashment of a complaint under section 138 of the Negotiable Instruments Act filed by respondent No. 2 against the petitioners and the order summoning the petitioners dated 30. 7. 2003. The petitioners Nos. 2 and 3 are the partners of petitioner No. 1. As per the complaint the petitioners obtained a loan from the respondent No. 2 and in discharge of their liability issued three cheques bearing No. 225065 dated 25. 4. 2003 for rs. 78,833/- cheque bearing No. 225066 dated 9. 4. 2003 for Rs. 7,833/- and cheque bearing No. 225067dated 18. 4. 2003 for Rs. 7,833/-, all drawn on Bank of India, Chitranjan Park, New Delhi and on presentation for payment the three cheques were returned dishonoured with the remarks "payment stopped by drawer". The complainant further alleges that a notice as prescribed under section 138 of Negotiable Instruments Act was duly issued and the petitioners failed to pay the amount of the cheque.

( 2 ) IN the present petition it is contended that no offence under Section 138 of Negotiable Instruments Act is made out as the cheques were not dishonoured on account of insufficiency of funds but on account of instructions to stop