That the complaint made by the complainant is liable to be quesh if the complainant has not been produced the cheque in question for encashment before the bank , however the issuer of the cheque has intimate, advised to the complainant to produce the cheque before the bank and the sufficient amount is already in account of the accused for encashment of the said cheque. Hence no offance is made out against the accused person because of the complainant has choose the option to file a complaint against the accused instead of produce the cheque for encashment in the bank where the account of the accused was survived and the sufficient amount was in the account of the accused at that relevant period.
