1. Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel appearing on behalf of opposite party no. 2.

2. The petitioner would be aggrieved by the order of cognizance dated 21.5.2002 as also the proceeding in Complaint Case No. 686(C) of 2002 pending before the Judicial Magistrate, 1st Class, Patna under section 138 of the Negotiable Instruments Act read with Section 420 of the Penal Code.

3. The short facts to be noticed would be that for hire charges of a vehicle the petitioner would have given a cheque on 15.12.2001 for a sum of Rs. 15,000/-which would have been deposited by the complainant in the bank on 7.1.2002 when he would have learnt of its being dishonoured due to insufficient fund on 9.1.2002. A notice would then have been sent to the petitioner on 11.1.2002 under Section 138(b) of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act). The present complaint would then have been filed on 19.4.2002.

4. Learned Counsel appearing for the petitioner submitted that in terms of Section 142(b) read with Section 138(c) of the N.I. Act the complaint was to be initiated within one month from the date the