JUDGMENT K.SURENDER, J. - Petitioner is questioning the complaint filed under Sec. 138 of the Negotiable Instruments Act mainly on the ground that the reasons given by the banker while returning the cheque does not confirm to the twin reasons assigned under Sec. 138 of the Negotiable Instruments Act for prosecuting a drawer of the cheque. 2. The case of the complainant is that the complainant took hand loan of Rs.30.00 lakhs on 5/7/2018 in the house of the complainant in the presence of witnesses. A cheque was also issued on the very same day for Rs.30.00 lakhs. The said cheque was presented for clearance and the same was returned unpaid on 17/7/2018 for the reason of 'kindly contact drawer/drawee bank and present again'. Again the said cheque was presented for clearance, which was returned on 16/8/2018 for the reason of 'kindly contact drawer/drawee bank and please present again'. 3. Under Sec. 138 of the Negotiable Instruments Act, prosecution can be launched if the cheque is returned unpaid for the reason of 'insufficient funds' or 'it exceeds arrangement to be paid'. The Hon'ble Supreme Court held that apart from two reasons, if the reasons are 'account closed' and 'payment stopped' by the drawer' are also liable under Sec. 138 of the Negotiable Instruments Act. 4. As seen from the cheque, it was printed in the year 2008. The Bank has returned the cheque by specifically mentioning reason of 'kindly contact drawer/drawee bank and please present again' which is in the handwriting of the banker stating that drawer or drawee bank has to be contacted and then present the cheque. 5. As stated in the complaint, the question of returning the cheque for 'insufficient funds' does not arise. As seen from the cheque return memo, the reason of 'funds insufficient' is number 6. The Bank has returned twice for the reason 19 stating 'kindly contact drawer/drawee bank and please present again' which was handwritten. 5. As stated in the complaint, the question of returning the cheque for 'insufficient funds' does not arise. As seen from the cheque return memo, the reason of 'funds insufficient' is number 6. The Bank has returned twice for the reason 19 stating 'kindly contact drawer/drawee bank and please present again' which was handwritten. When the reason for returning the cheque does not conform to the twin requirements mentioned under Sec. 138 of the Negotiable Instruments Act or if the account is closed and payment stopped by drawer as stated by the Hon'ble Supreme Court, the reason mentioned by the Banker to contact the drawer or drawee bank and present again will not amount to a reason for which, the prosecution under Sec. 138 of the Negotiable Instruments Act can be launched. 6. If the complainant is aggrieved and in the facts of the case if an offence of cheating as defined under Sec. 415 of IPC is made out, complainant is at liberty to prosecute accordingly. Since there are no ingredients to launch prosecution under Sec. 138 of the Negotiable Instruments Act, the proceedings against the petitioner are liable to be quashed. 7. In the result, the proceedings against the petitioner in CC No.287 of 2018 on the file of Judicial First Class Magistrate at Zaheerabad, are hereby quashed. 8. Accordingly, the Criminal Petition is allowed. Miscellaneous applications, pending if any, shall stand closed.