( 1 ) HEARD Sri Anil Kumar Srivastava, learned counsel for the petitioner and Sri Pankaj Naqvi, learned counsel for respondent No. 2 as also the learned A. G. A. representating respondent No. 1.

( 2 ) THE respondent No. 2 had filed a complaint against the petitioner which is Annexure 1 to the writ petition. The allegations in the complaint were that the complainant had advanced a loan of Rs. 50,000. 00 to the accused (petitioner) which was not returned by the accused. on making repeated demands the accused issued an Account payee cheque dated 23-1-1995. The complainant deposited the cheque with Canara Bank, Civil Lines, Bareilly for realisation of the amount and for crediting the same in the complainants Savings Bank Account No. 7196. The accused, however, directed the bank to stop the payment. The complainant approached the accused and enquired from her about the reason for stopping the payment and he was told that the cheque was not being issued for payment of the money but it was issued only to satisfy him. The complainant thereafter served a notice as required by Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act ). The accused did n