THE HON'BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION No.6122 OF 2011 ORDER: 1 Heard petitioner’s counsel and also the learned Additional Public Prosecutor. 2 This petition is filed for quashing a criminal case pertaining to an offence punishable under section 138 of Negotiable Instruments Act (for short ‘the Act’). Petitioner is accused in the said case. 3 The contention of the learned counsel for the petitioner is that the cheque in question was issued on a closed account and the question of offence will arise only when the account is in operation. This contention cannot be accepted as it is settled that issuing of a cheque on a closed account is certainly an offence under section 138 of the Act. 4 The second contention raised is that the cheque was not issued at all by the petitioner and he also did not receive the statutory notice under the Act. Whether the petitioner did not issue the cheque or whether he did not receive the statutory notice are again disputed questions of fact, which cannot be decided in this petition and it shall be open for the petitioner to raise all these pleas before the court in which the case is pending. 5 Accordingly this petition is dismissed at the admission stage. -------------------------------- N. RAVI SHANKAR, J. 25.07.2011 Kvsn