( 1 ) THIS petition filed under Section 482 of the Cede of Criminal Procedure (for short the Code ) raises a question as to the procedure required to be followed by a Magistrate, on receipt of a complaint, alleging commission of an offence.

( 2 ) A brief narrative of the facts would facilitate having a proper perspective of the issue involved. The petitioner is company incorporated under the Indian Companies Act (for short the Company ). A complaint was filed by the Company s authorised representative under Section 138 cf the Negotiable Instruments Act, 1881 alleging that M/s. Modern Packers, arraigned as accused No. I in the complaint, was a proprietary concern of Ch. Ram Singh, shown as accused No. 2, and that a cheque was issued in the name of accused No. 1 for a sum of Rs-32,666. 50 on 15th June 1989 duly signed by accused No. 2 towards payment of the price of goods but on presentment the said cheque was received back with banker s endorsement refer to drawer . It was alleged that the cheque had been dishonoured owing to the fact that the account of the accused in the bank did not contain sufficient amount to meet the same. A registered notice was issued th