CrMMO 119 of 2006 11.11.2008 Present: Shri Bimal Gupta, Advocate, for the petitioner. Shri Mohan Singh, Advocate, for the respondent. The petitioner has challenged the Notice of Accusation issued under Section 138 of the Negotiable Instrument Act to the petitioner herein on 18.8.2006. Learned counsel appearing for the petitioner urges that no offence under the Act is made out as the cheque book including the cheque, which is the subject matter of these proceedings, was lost and it can not treated as dishonoured within the meaning of Section 138 of the Act. He further submits that immediately on the loss of cheque book, he had intimated the Bank about this fact. He submits that returning memo by the Bank also states that the cheque is lost/needs reconfirmation. It is not a case where the cheque has bounced because of paucity of funds. These facts are a matter of evidence before the learned trial Court. It will be open to the petition herein to inter alia urge and prove all these points in his defence during the trial. The mere framing of accusation or approaching this Court by the petitioner shall not be a bar for raising such a defence nor shall it be construed as having these facts being finally adjudicated. This petition is accordingly disposed of. There shall be no order as to costs. Parties to appear before the learned trial Court on 15th December, 2008. Let record of the trial Court be sent back immediately. All interim orders are vacated. November 11, 2008 (Dev Darshan Sud) (ms) Judge.