P.K. Tripathi, J. - Heard. Perused the written note of submission and the impugned order.

2. Opposite party lodged a complaint case vide ICC No.5 of 1995, against the petitioner for the offence under. Section 138 of the Negotiable Instruments Act, 1881 (in short. the 'Act') alleging therein that a cheque for Rs. 5,000/- issued by the petitioner in favour of the opposite party with a view to discharge his liability was returned by the Bank without payment on 8-121994 with the endorsement of 'insufficient funds'. On 21-12-1994, in accordance with Section 138 proviso (b) of the Act opposite party sent a notice. On 2812-1994, petitioner refused to receive the notice. Hence. On 3-1-1995 opposite party filed the complaint petition in the Court of-S.D.J.M., Bhubaneswar alleging commission of the offence under Section 138 of the Act. The S.D.J.M. took cognizance and issued process under Section 204 of the Code of Crimina1 Procedure, 1973 (in short 'the Code'). After appearing in that case petitioner challenged the order of cognizance and prayed to quash it on the ground that complaint case was filed before expiry of 15 days from the date of refusal of notice and therefore in view of