JUDGMENT :

S. K. SAHOO, J.

1. Heard Mr. Samvit Mohanty, learned counsel for the

petitioner.

None appears on behalf of the opp. party.

2. The petitioner Babaji Charan Nayak in this application under section 482 Cr.P.C. has challenged the impugned order dated 25.02.2003 passed by the learned S.D.J.M., Jagatsinghpur in I.C.C. Case No. 127 of 2002 in taking cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter ‘N.I. Act’) read with section 420 of the Indian Penal Code and issuance of process against him.

3. The opposite party is the complainant and the petitioner is the accused in the complaint petition.

4. The relevant dates for the adjudication of the issue involved in this application which are mentioned in the complaint petition are as follows:-

5. The cheque in question which was for an amount of Rs.17,511/- (rupees seventeen thousand five hundred eleven) was issued by the petitioner in favour of the complainant Orissa Machinery & Sanitary on 20.12.2001 bearing no.233903 drawn on the Cuttack Central Co-operative Bank Ltd. at Kujanga Branch towards the cost of the purchased articles. The cheque was presented by the complainant in Syndicate Bank, Jag