IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 21 OF 2008 NIZAM M. KHAN ... Petitioner Versus RAMNATH D. NAIK ZAMBAULIKAR ... Respondent Ms. Henrietta Newton, Advocate for the petitioner. Coram:- S.A. BOBDE, J. Date:- 24th April, 2008 P.C. This writ petition is directed against the order of the Sessions Court, Margao, rejecting the petitioner's revision application against the order of the trial Court issuing process under Section 138 of the Negotiable Instruments Act. 2. The learned Counsel for the petitoner submitted that the ingredients of Section 138 are not satisfied and, therefore, the trial Court should not have issued process. According to the learned Counsel for the petitioner, the ingredient that was not satisfied was the fact that the loan cheque had not become due for payment since it was a postdated cheque. However, the sequence of events pointed out by the learned Counsel for the petitoner, shows that the postdated cheque which was issued on 7.7.06 was due for payment on 10.7.07 and the complaint was filed on 31.8.07. 3. It was further contended by the learned Counsel for the petitioner that the respondent-complainant had not demonstrated the existence of debt and that the petitioner can point out how no debt exists. This is a matter for trial and the process itself cannot be quashed on this ground. 4. In the result, the petition fails and is, hereby, dismissed. S.A. BOBDE, J. ssm.