1. Respondent No. 1, hereinafter referred to as the respondent, filed a complaint against the appellant under S.138 read with 149 of the Negotiable Instruments Act, 1881 (for short the Act) and S.420 of the IPC read with S.190, 200 of the Code of Criminal Procedure. The gravamen of the allegation is that the petitioner had issued two post dated cheques dated. 10.10.1994 and 31.12.1994, each for a sum of Rs. 3,00,000/-, drawn on Indian Overseas Bank, Trichur Branch. But on the cheques being presented, the same were returned unpaid on 15.10.1994 with the endorsement "Payment countermanded by the drawer". The complaint further stated that the cheques were returned unpaid for want of sufficient funds in the account. The appellant approached the High Court of Kerala for quashing the complaint but the High Court refused to do so. Hence, this appeal.

2. This main part of S.138 of the Act reads as below:

"138. Dishonour of cheques for insufficiency of funds in the account. Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, or any debt