A. Ramamurthi, J. - The petitioners accused Nos. 1 and 2 D. C.C. No. 262 of 1998 on the file of the Judicial Magistrate. Gudiyattam, have filed this petition under Section 482 of the Code of Criminal Procedure to quash the proceeding pending against them.

2. The case in brief for disposal of the petition is as follows:

The respondent filed a complaint against the petitioners and another under Section 138 of the Negotiable Instruments Act. 1881. Para 2 of the complaint discloses that the complainant had presented a cheque on June 23, 1998. and the cheque was returned on the ground of insufficient funds. He sent a letter to the petitioners dated June 29, 1998, and the same was received by the petitioners on July 1, 1998. The complainant again presented the very same cheque on September 4, 1998. and the same was returned for insufficient funds. Once again' the respondent sent another notice on September 10, 1998, and the private complaint was filed on October 26. 1998. The cause of action for filling the complaint under Section 138 of the Negotiable Instruments Act should be calculated from the issue, of the first notice dated June 28, 1998, and not from the second notice dated