( 1 ) IN this petition under section 482 Code of Criminal Procedure, petitioner who is one of the partners of M. P. Agricultural corporation, Jabalpur seeks quashment of complaint No. 55/1 of 1994 filed under section 138 of the Negotiable instruments Act 1872 (for short the act ) pending before a metropolitan Magistrate.

( 2 ) COMPLAINT was filed on 1/11/1994 by respondent No. 2 alleging that Fairfield Engineers (P) Ltd had been supplying accessories and parts including Disel generating sets to the petitioner-accused for which bills / invoices were being raised. Against bill No. 832 dated 22nd october 1993 for Rs. 57,700. 00 and bill No. 831 dated 22/10/1993 for Rs. 79,970. 20, the petitioner issued cheque Nos. 0957729 dated 10th March 1994 for rs. 57,700/-, 0957731 dated 15/03/1994 for Rs. 40,000. 00 and 0957732 dated 20/03/1994 for Rs. 39,970. 20 in favour of respondent No. 2. All these cheques were drawn on Bank of maharashtra, Jabalpur. Said cheque No. 0957729 dated 10th march 1994 on being deposited with the bank on 7/07/1994, was received back unpaid on 29/07/1994 with the remark insufficient funds . Cheque No. 0957731 dated 15/03/1994 was presented for encashmen