The accused 1 and 2 in C.C.No.6381 of 2001 on the file of the VII Metropolitan Magistrate Court, George Town, Madras, are the petitioners. This Criminal Original Petition is filed to quash the complaint in the said case taken on file under Sections 138 and 141 of Negotiable Instruments Act.

2. It is stated in the Original Petition by the petitioners that for the supply of maida and sooji to the petitioners by the respondent/complainant as per invoice bearing No.93433 dated 17.10.2001, the cheque bearing No.426736 dated 29.10.2001 drawn on UTI Bank Ltd., was issued and the cheque when presented on 5.11.2001 was returned unpaid with the remarks "Payment stopped by the Drawer" and informed accordingly on 7.11.2001. The lawyer notice dated 9.11.2001 of the complainant was replied by the accused on 21.11.2001 denying the liability. By way of grounds, it is urged by the petitioners that no offence under Section 138 of the Negotiable Instruments Act has been made out and the cheque was not returned on the ground of "Insufficiency of Funds" and in the absence of such allegations or averments, the complaint will not lie. Though the petitioners had sufficient funds in their accoun