Nagamohan Das, J.

In this petition the petitioner has prayed for setting aside the order dated 11.10.2005 in C.C. No. 289/2005 on the file of Judicial Magistrate, I Class, Bagepalli, taking cognizance of the offence punishable under Section 138 of Negotiable Instruments Act (for short ‘the Act’) and issuing process to the petitioner.

2. The respondent contends that the petitioner for consideration received issued a cheque on 02.11.2004 for a sum of Rs. 1,48,000/- in favour of her husband AG. Sadananda Bhat. The payee A.G. Sadananda Bhat presented the cheque issued by the petitioner for encashment through his bankers and the same came to be returned with an endorsement that ‘the cheque is unpaid for want of funds’ . On 09.05.2005 the fact of dishonour of the cheque was intimated to A.G. Sadananda Bhat by his Bankers. On 14.05.2005 A.G. Sadananda Bhat got issued a lawyer’s notice to the petitioner intimating about the dishonour of the cheque and demanded to pay the amount due under the cheque. Thereafter on 15.05.2005 A.G. Sadananda Bhat died. On 30.05.2005 the petitioner got issued a reply notice through his lawyer denying his liability to pay the amount due under the cheque.