T.P.S.Mann, J.

1. The petitioner has filed the present petition, seeking quashing of the order passed by Judicial Magistrate, Ist Class, Chandigarh on 19.11.2003, whereby he was summoned as an accused in a complaint under Section 138 of the Negotiable Instruments Act (hereinafter referred to as `the Act).

2. As per the allegations levelled in the complaint by respondent A.S. Ranga, President Akhil Bhartiya Bank Employees Cooperative Urban Salary Earners Thrift and Credit Society Limited, the present petitioner had taken a loan of Rs. 33,300/- in the year 1996 from the Society and in lieu of the repayment of the said loan, a cheque bearing No. 775528 dated 31.1.2002 for Rs. 70,728/- was issued. The said cheque was presented to the bank of the accused but was returned unpaid with the remarks "Referred to Drawer". A legal notice was thereafter served by the complainant upon the petitioner which was received by the petitioner on 27.3.2002. In spite of the same, the petitioner did not make the payment and, therefore, complaint dated 4.5.2002 was filed.

3. After recording preliminary evidence led by the complainant, Judicial Magistrate, Ist Class, Chandigarh found sufficient grou