M/s ABC Ltd. is a manufacturing company of T.V. Sets. Mr. A was the authorized agent of the above company. A issued a cheque of Rs. 22,000/- (Twenty Two Thousand) in favour of the Company and the cheque was drawn on Bank of India, the cheque was returned with the remarks “Payment stopped by the drawer”. Notice was sent to A by the company. But the company has not received any response from A, then ultimately the complaint filed by company against Mr. A under Section 138 of N. I. Act.

Decide in the light of the provisions of the Negotiable Instruments Act, 1881:-

(i) Whether A has committed any offence under Section 138 of N.I. Act.

(ii) Whether the complaint of the company is tenable as per provisions of Section 138 of the N.I. Act.     (5 marks)