The petitioner (Mr. ‘X’) issued a cheque on 20.7.1990 in favour of the respondent (Mr. ‘Y’) as payament for goods supplied. The cheque was returned unpaid and intimation of dishonor given to petitioner. The cheque was again presented on 9.2.1991 by the respondent in the bank, but was again returned unpaid. The respondent (Mr. ‘Y’) thereafter instituted a complaint against the petitioner (Mr. ‘X’). The petitioner filed petition for quashing complaint. You are required to examine the following with reference to the relevant provisions of N.I. Act:-

(i) Whether all the ingredients of Section 138 of NJ. Act are satisfied in the above case? (ii) Whether the prosecution is maintainable for dishonor of cheque against the petitioner (Mr. ‘X’)?      (5 marks)