I am of the opinion that when a cheque is issued to discharge a debt which is already ack. by execution of a pronote the proceedings under S.138 do not attract as the scope of the act in introducing the S.138 is to create credibility towards banking transaction, dishonor will be presumbed only as a peice of evidence in support of the pronote already executed by the debtor. the creditor has the right to recover debt by civil suit , he cannot byepass the procedures est. by law and initiate criminal proceedings. i request you to clarify is my opinion is correct.