V.K. Jain, J.— This is a petition under Section 482 of the Code of Criminal Procedure against the judgment dated 27.1.2009 passed by the learned Additional Sessions Judge whereby the revision filed by the respondent was allowed and he was discharged in a criminal complaint filed by the petitioner against him under Section 138 of the Negotiable Instruments Act.

2. The complaint in question was filed on 30.1.1999. It was alleged in paragraph 3 of the complaint that the respondent who had purchased air tickets from the complainant/company issued a cheque for Rs.3,65,192 (Rupees Three lakh sixty five thousand One hundred and ninety two only), which, when presented to the Bank for encashment, was returned unpaid with the remarks “exceeds arrangements”. It has been further alleged that the complainant served notice dated 26.11.1998 upon the accused and that notice was deliberately refused by him, by way of avoiding to take delivery of notice, as per postal endorsement dated 8.12.1998 on the registered cover. It has also been alleged in paragraph 4 of the complaint that the notice was served on 15.12.1998 by personal delivery also.

3. Learned counsel for the respondent has ref