ORDER :

Is it legal and proper to dismiss under Section 203 of the Code of Criminal Procedure, 1973 (for short 'the Code') a complaint filed for an offence under Section 138 of the Negotiable Instruments act, 1881 (hereinafter referred to as 'the Act') on the ground that the statutory notice sent to the drawer of the cheque was not served on him? This is the question which arises for consideration in this revision petition.

2. The revision petitioner is the complainant. He filed the complaint against the second respondent as Crl.M.P No. 809/2019 for the offence punishable under Section 138 of the Act. The notice sent by him to the drawer of the cheque, demanding payment of the amount of the cheque, was returned with the endorsement 'addressee left India'. The learned Magistrate dismissed the aforesaid complaint under Section 203 of the Code, holding as follows:

“Complainant filed affidavit along with the complaint and thereafter another additional affidavit also. Averments in both affidavits and complaint would go to show that notice was not served to the accused. Cause of action under Section 138(c) of the N.I Act would arise only when the drawer of the cheque fails to make the payme