Thulasidas, J. - This revision is directed against the order on M.P. No. 2253 of 1991 passed by the Judicial Magistrate of the First Class. Kochi.

2. A complaint was filed by the petitioner against the respondent alleging that he committed an offence punishable under Section 138 of Act 66 of 1988. The court dismissed the complaint finding, that-

"the complainant did not send a notice in writing as required. Thus he failed to observe one of the requirements placed under clause (b) of Section 138 read with Section 142(b) of N.I. Act".

3. In my view, the impugned order is unsustainable. The Magistrate has misunderstood the relevant legal provisions. It is not in dispute that the respondent issued a cheque for Rs. 8,000/-. It was presented on 1.4.1991 and was dishonoured on the next day. It was represented on 9.5.1991 and again it was dishonoured. Thereupon, the petitioner sent a notice to the respondent on 14.5.1991, which was accepted by him on 27.5.1991. There was no payment as demanded and therefore the complaint was laid.

4. The Magistrate observed that the petitioner should have issued a notice within 15 days of dishonour of the cheque and if he has failed to do so, his remedy i