JUDGMENT

A. K. PARICHHA, J. : Opp. Party as complainant has filed ICC Case No. 113 of 2004 before the learned S.D.J.M., Nayagarh alleg¬ing offence under Section 138 of the Negotiable Instruments Act (in short, “the N.I.Act”) against the petitioner. Learned S.D.J.M., Nayagarh after recording statements of the complainant under Section 200, Cr.P.C. took cognizance of that offence and directed issue of process against the petitioner. Aggrieved, the petitioner has filed the present application under Section 482 of the Cr.P.C. for quashing the said order dated 27.9.2004 passed by the learned S.D.J.M., Nayagarh.

2. Mr. J. Katikia, learned counsel for the petitioner submitted that the impugned order of cognizance is unsustainable as the statement of the complainant recorded under Sec. 200, Cr.P.C. does not reveal the essential ingredients of the offence under Sec. 138 of the N.I.Act. According to him, unless prima facie case is revealed from the statements of the complainant and witnesses recorded under Sections 200 and 202, Cr.P.C., cognizance of the offence cannot be taken even though allegations are borne on the complaint petition. In support of his contention he relied on the decision