JUDGMENT :

P.K. Tripathy, J. - Accused in 1. C.C. Case No. 44 of 1977 in the court of Subdivisional Judicial Magistrate. Bhubaneswar, has filed this application u/s 482 Code of Criminal Procedure, 1973 (in short 'the Code') with the prayer to quash the order of cognizance taken for the offence u/s 138 of the Negotiable Instrument Act, 1881 (in short 'the Act') vide the Impugned order dated 30-1-1997. Complainant in that case is the opposite party here.

2. For discharge of the dues (debt) under the agreement dated 20-3-1995, Petitioner issued two cheques of State Bank of India (R.I. B.,Branch) Rourkela bearing No. 928719 dated 20-9-96 and 928720 dated 20-10-96 for Rs. 59, 400/- each (in total Rs. 1,18,800/-). On 30-10-96 opposite party deposited the same with his Banker i. e., Punjab National Bank,Bapuji Nagar Branch, Bhubaneswar for encashment of both the cheques. The aforesaid branch of State Bank of India on 6-11-96 returned the cheque with the endorsement 'insufficient of balance' and that intimation was received by the opposite party on 13-11-96. Thereafter, on 26-11-96 complainant sent notice in registered post with Acknowledgment Due (in short 'A.D.') in accordance with the pro