S.L. Kochar, J. - This criminal revision is directed against the order dated 2-7-2002 passed by the learned Sessions Judge, Shajapur in Cri. Rev. No. 161/2001 thereby setting aside the order passed by the learned Chief Judicial Magistrate, Shajapur on 6-72001 in Cr. Case No. 0/2000 whereby the learned. Chief Judicial Magistrate refused to register the complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act) against the applicant/accused Bapulal.

2. Briefly stated, the facts of the case are that the accused issued a cheque bearing No. 011016 dated 8-11-1999 for a sum of Rs. 21,060/- in the name of complainant Kripachand on Union Bank of India, Shajapur Branch with a request to get it encashed after five months. The complainant/N.A. presented the said cheque to the Bank for encashment on 3-5-2000, but on account' of shortage of funds in the, account of the accused/applicant, the said cheque returned dishonoured. On 4-5-2000, the complainant informed the accused about dishonour of the cheque by Registered Post and demanded payment of money within five days. On 8-5-2000, the complainant lodged the complaint under section 138 of the Act. On