JUDGMENT

Mr. B.M. Thulasidas, J.- Petitioner is the accused in S.T. No. 2077 of 1993 of the Additional Chief Judicial Magistrate Court, Emakulam. In the complaint filed by the first respondent commission of an offence under Sec. 138 of the Negotiable Instruments Act had been alleged against him who is the Proprietor of M/s. Poornasree Agencies. Towards the debt that was allegedly due a cheque dt. 7.2.1993 for Rs. 5,011.50/- was issued by the petitioner to the respondent on 1.2. 1993. It was presented for collection through State Bank of India, Perumanoor branch on 14.5.1993 and on 2.6.1993 he had information from the bank that the cheque had been dishonoured for want of sufficient funds. Thereupon the first respondent sent a demand notice dated 7.6.1993, which the petitioner received on 9.6.1993 but failed to make the payment. Thereupon, Annexure A complaint was filed on 26.7.1993 for offence under Sec. 138 of the Negotiable Instruments Act. Pursuant to the summons petitioner appeared and he filed M.P. 9020 of 1993, copy of which is Annex. B raising a preliminary objection as to the maintainability of the complaint. The Court below however by the impugned order dismissed the petiti