S. Muralidhar, J.

1. This petition is directed against the order dated 21st March 2009 passed by the learned Metropolitan Magistrate (MM) dismissing CC No. 4167 of 2009 titled HDFC Bank Limited v. Amit Kumar Singh under Section 138 of the Negotiable Instruments Act 1881 (NI Act).

2. The short question that arises for consideration is whether the learned MM, while entertaining a complaint under Section 138 NI Act, at the pre summoning stage, can insist upon the complainant producing some proof of despatch of the notice in terms of NI Act sent to the drawer of the dishonoured cheque.

3. The aforementioned complaint was filed in respect of dishonour of a cheque No. 763884 drawn on Punjab & Sind Bank, Jangpura Extension, New Delhi dated 5th December 2008 for Rs. 19,083/- drawn by the Respondent in favour of the Petitioner HDFC Bank Limited (Bank). The cheque when presented for payment was dishonored with the remarks "Funds insufficient". It was stated in the complaint filed by the Bank under Section 138 NI Act that upon receipt of intimation from the Bank to which the cheque was presented that it was dishonored, a legal notice was sent to the drawer at the address available in