1. Petitioner has filed this petition under section 482 CrPC for quashment of the order dated 29.8.2005 passed by the Chief Judicial Magistrate, Vidisha in Criminal Case No. 1666/03, whereby though the trial Court rejected the application filed by the respondent-accused on 15.4.2005 for dismissing the complaint on the ground of barred by limitation, but observed that the complaint ought to have been filed within the period of 15 days from the first notice dated 30.6.2003. Against that observation, the petitioner has tiled this petition because the observation may come in his way at the time of final disposal and may prejudice this case.

2. The brier facts of the case are that the respondent took loan of Rs.222,000/- from the petitioner and for repayment of the said loan he issued a cheque No. 164351 dated 11.6.2003 or Allahabad Bank, Branch Vidisha. The aforesaid cheque was presented for collection to his banker and the said cheque was dishonoured on 21.6.2003 with all endorsement for want of fund and thereafter on 23.6.2003 the Bank intimated about the dishonour of the cheque. First notice was issued to the respondent on 30.6.2003, which returned unserved. Thereafter, second n