K. Hema, J.

1. This petition is filed to quash the complaint filed against the petitioner alleging offence under section 138 of Negotiable Instrument, Act (for short 'the Act').

2. A complaint was filed against petitioner by second respondent herein, on the allegation that Rs. 6,00,000/- was handed over to accused to be given to seek admission in a college. Out of this amount, only Rs. 4,00,000/- was given by accused to the college authorities. He promised to pay the balance amount of Rs. 2,00,000/- also to them. Since the amount was not paid by accused, complainant's father somehow raised the amount and paid it.

3. Towards the accused's liability to return Rs. 2,00,000/- to complainant, petitioner issued a cheque for Rs. 2,00,000/- in the name of the complainant. The cheque on presentation to the bank was dishonoured with the endorsement "funds insufficient". A notice was sent to accused demanding repayment but the amount was not paid. Hence, a complaint was filed alleging offence under Section 138 of the Negotiable Instrument, Act.

4. Learned counsel for the petitioner submitted that the complaint is not filed by the 'payee' or 'holder in due course' and hence the Court ought