1. The petitioner seeks quashing of order dated 03.11.2007 passed by learned CJM Kathua on the complaint filed by respondent against petitioner herein by virtue whereof the trial Court issued process against the petitioner for offence under Section 138 of Negotiable Instruments Act. Invoking jurisdiction of this Court under Section 561-A Cr.PC, the petitioner prays for quashing of complaint as well as the proceedings before the trial Court.

2. Allegedly petitioner, in discharge of past liabilities, issued check No. 11631010 dated 03.09.2007 for sum of Rs. 1,00,000 drawn at J&K Bank Kathua in favour of respondent herein which on being presented in the Bank was dishonoured and returned on 15.09.2007 with endorsement of insufficiency of funds in the account of petitioner. Respondent issued statutory notice of demand to petitioner on 07.10.2007 which was claimed to have been served upon petitioner on 21.09.2007 (date as reflected in the complaint, otherwise it should have been 21-10-2007). Respondent filed the complaint under Section 138 of NI Act on 03.11.2007 and on the same date, learned CJM Kathua, after examining the respondent under Section 200 Cr.PC, took cognizance of