N. Dhinakar, J.- The petitioner is the complainant in C.C. No. 3068 of 1997 on the file on XIII Metropolitan Magistrate, Egmore, Criminal, and he initiated the proceedings against the respondent/accused by way of a private complaint for an offence punishable under Section 138 of the `Negotiable Instrument Act' (hereinafter called `the Act') on an allegation that the cheque issued by the respondent, when presented with the bankers, was returned unpaid on account of insufficiency of funds and that, the notice sent subsequently also did not evoke any response. The respondent appeared before the learned Magistrate and after the examination of one witness, filed a petition for discharge stating that the petitioner has not issued any statutory notice to the drawer of the cheque and that the notice dated 28.1.1997 is not in conformity with the provisions of Clause (b) of Section 138 of the Act. There was also another contention that the company to whom the cheque was issued, was no longer in existence. The learned Magistrate accepted both the contentions and discharged the respondent. Here, the present revision.

2. The learned Counsel appearing for the petitioner, even at the outset