The petitioner/accused allegedly issued a cheque dated 13-9-02 for an amount of Rs 1,25,000/- in favour of the respondent/complainant. Respondent/complainant presented the cheque before the Bank for encashment, but the same was dis-honoured by the Banker on 4-10-2002 on the ground that account stood already closed since 8-7-2000.

2. After the bouncing of the cheque respondent/complainant issued a notice through his counsel dated 26-10-2002 for calling upon the petitioner/accused to refund the amount of the cheque alongwith interest within 15 days from the date of the receipt of notice.

3. Notice was sent to the petitioner/accused under registered cover which after being delivered to the accused/petitioner on 02-11-02, the acknowledgement thereof was received by the respondent/complainant. When the petitioner/accused did not make the payment of the amount of the cheque to the respondent/complainant despite of his having received the notice, respondent/complainant filed the complaint against him under section 138 of the Negotiable Instruments Act before the learned Sub Judge, Judicial Magistrate Ist Class, Jammu on 11-11-2002.

4. The learned Magistrate by his order dated 18-1-2003 took

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