S.A. Bobde, J.—Rule, returnable forthwith.

The learned counsel for the respective respondents waive service.

Heard by consent.

2. This is an application under Section 482 of the Code of Criminal Procedure challenging the issue of process under Section 138 of the Negotiable Instruments Act, 1881.

3. Mr. Jaisinghani, the learned counsel for the petitioner, has challenged the process only on one ground viz. that the notice dated 4.5.2007 preceding the launch of prosecution is not in accordance with law. According to the learned counsel, the notice does not specify the cheque number nor the amount and is, therefore, not a notice as contemplated by Section 138 of the Negotiable Instruments Act. The prosecution is thus in contravention of Section 138 which provides that the Section 138 will not apply unless the payee or the holder in due course of the cheque makes a demand for the payment of the said amount of money by giving a notice in writing. The relevant proviso reads as follows:

“Provided that nothing contained in this section shall apply unless:

(a) …………………….

(b) The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the s