JUDGMENT :

S.K. SAHOO, J.

1. This is an application under section 482 of Cr.P.C. filed by the petitioner Purusottam Prusty challenging the impugned order dated 04.07.2006 passed by the learned S.D.J.M., Dhenkanal in I.C.C. Case No.120 of 2006/C.T. Case No.1540 of 2006 in taking cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 (hereafter ‘N.I. Act’) and issuance of process against him.

2. The opp. party no.2 Dinesh Patnaik filed a complaint petition in the Court of learned S.D.J.M., Dhenkanal alleging commission of offence under section 138 of the N.I. Act against the petitioner. In paragraph-9 of the complaint petition, it is mentioned as follows:-

“9. List of documents filed:-

(i) Post dated cheque bearing No. 140404, dt. 15.12.2005.

(ii) Deposit slip.

(iii) Intimation slip of U.B.I., Dhenkanal to S.B.I., Evening Branch, Dhenkanal.

(iv) Letter of S.B.I., Dhenkanal, Evening Branch to the complainant.

(v) Pleader Notice through Regd. Post.

(vi) Receipt of Regd. A.D.

(vii) Acknowledgment duly received by the accused.

(viii) Any other found relevant at the time of hearing.”

3. The complainant filed the affidavit in chief as provided under section 145(1) of the N.