1. Petitioner Babban Singh has filed this application for quashing the order of cognizance dated 17.8.2005 passed by Sri Premchand Anal, Judicial Magistrate, 1st Class, Patna, in Complaint Case No. 526(c)/2005 by which he has taken cognizance for offence punishable u/s. 138 of N.I. Act against the petitioner. It is a case of cheque bouncing.

2. Only point raised on behalf of the petitioner is the institution of case after expiry of mandatory period of one month of such issuance of notice.

3. Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned A.P.P. for the State.

4. Admitted position is that complaint was filed after expiry of one month of such communication of bouncing of the cheque. The notice was not served in time and there is non-observance of Sec. 142 of N.I. Act.

5. Learned counsel for opposite party no. 2 has submitted that cognizance of the complaint may be taken by the court after prescribed period if the complainant satisfies that he had sufficient cause for not making the complaint within such period.

6. Such averment in respect of explanation for filing of complaint is itself mentioned in the petition of complaint and