N.K. Mody, J.—Being aggrieved by order dated 14.3.2008 passed by J.M.F.C., Indore, whereby the cognizance of the offence punishable under Section 138 of Negotiable Instruments Act was taken against the petitioner; the present petition has been filed.

2. Short facts of the case that a private complaint was flied by the respondent against the petitioner under Section 138 of Negotiable Instruments Act alleging that a cheque was issued by the petitioner in favour of the respondent, which was dated 21.1.2005 amounting to Rs.2,00,000. It was alleged that the said cheque was sent for collection by the respondent with his Banker IDBI Bank, Ratlam Kothi, Indore. It was alleged that the said cheque was returned by the concerned bank with the memorandum dated 25.1.2005 bearing the remark “insufficient funds” it was alleged that after return of the cheque a notice of demand was issued by the respondent, which was dated 23.2.2005 sent by post on 24.2.2005. It was alleged that since inspite of receipt of notice the cheque amount was not paid therefore; petitioner has committed an offence punishable under Section 138 of Negotiable Instruments Act. It was prayed that after taking cognizance a