* 1 * Cri.Appln.591.2010 20/7/2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 591 OF 2010 Yudhaveer Katta ..... Applicant V/S. IL & FS Investment Securities Limited & anr. ..... Respondents Ms. P.Y. Divekar i/by. M/s. Divekar & Co, Advocate for the applicant. Ms. Pravina Kanani, Advocate for respondent no.1. Mr. H.J. Dedhia, APP for the State-respondent no.2. CORAM :- Smt. R.P. SondurBaldota, J. 20th July, 2011. P.C.:- 1. This application is filed under Section 482 Criminal Procedure Code for quashing of the complaint No. 1200/SS/2009 filed for the offence punishable under Section 138 Negotiable Instruments Act. There is no dispute that the applicant had issued the cheque to respondent no.1 which was not honoured when presented for payment. According to the applicant, the cheque was not honoured because the payment thereunder was stopped by the drawer. However, the intimation sent by the bank to respondent no.1 * 2 * Cri.Appln.591.2010 20/7/2011 indicates that the cheque had been dishonoured for want of sufficient funds. The applicant claims that he had infact stopped the payment under the cheque for the reasons detailed out by him in the reply to the statutory notice. 2. Perusal of the complaint, shows that, prima-facie the offence mentioned therein is made out. The contentions raised by the applicant are infact his defence to the proceedings. It is open for the applicant to establish his defence before the trial Court at the appropriate time. The learned counsel for respondent no.1, states that, the plea of the applicant was recorded as far back as 22nd December, 2009 and that the evidence in the matter has also commenced. In all the above circumstances, there is no merit in the application for quashing of the proceedings. The same is dismissed. [SMT. R.P. SONDURBALDOTA, J]