T.M. Hassan Pillai, J.

Heard.

2. The legality, propriety and correctness of the order passed by the 2nd Additional Sessions Judge, Ernakulam in Crl.R.P. No. 68/95 setting aside the order passed by the learned Judicial 1st class Magistrate-1, Kochi in Crl.M.P. No. 5288/95 in S.T. No. 935/94 is under challenge in this revision.

3. The basic facts necessary for appreciating the contention raised by the learned counsel for the revision petitioner challenging the impugned order are to be stated here. The complaint petition was filed by the revision petitioner against the 1st respondent alleging commission of an offence punishable under Section 138 of the Negotiable Instrument Act, 1881, as amended (for short, the Act,’ ) and the allegation made therein was that the 1st respondent borrowed from him Rs.70,000/- and issued cheques dated 14-4-1994 in discharge of that debt or liability. It was further alleged in the compliant that that cheque, when presented for collection, was returned as unpaid by the drawee bank with the endorsement 'account closed'. It was further alleged in the complaint that on receipt of information regarding bouncing back of the cheque, notice in terms of t