S. Venkataraman, J. - This petition is filed - Petitioner by the accused in C.c. 258/93 on the file of the Additional Chief Judicial Magistrate, Bangalore District, Bangalore, for setting aside the order dated 5.4.1993 issuing process against the petitioner and for quashing the entire proceedings.

2. The respondent has filed the complaint in the lower court for an offence under Section 138 of the Negotiable Instruments Act ('the Act' for short) alleging that the petitioner had issued a cheque in respect of his earlier liability, that the cheque when presented for encashment was returned with an endorsement that the funds. were insufficient and that though a notice of demand was issued to the petitioner he has not paid the amount and that as such he has committed the' offence under Section 138 of the Act. The Magistrate after recording the sworn statement of the complainant and marking certain documents has ordered issue of summons to the petitioner. This order of the Magistrate is challenged by the petitioner on various grounds. The first ground urged by the learned Counsel for the petitioner is that the Magistrate has not at all taken cognizance of the offence and that as such