The order impugned is passed in revision by the XIVth Addl. Sessions Judge, Indore, quashing the charge u/s. 139 of the Negotiable Instruments Act, 1881 (for short, 'the Act'), against the respondent, framed by the Judicial Magistrate, First Class, Indore, in Cr. Case No. 275/93.

For the purposes of this petition it is no more in dispute that respondent-accused had issued a cheque for Rs. 65,000/- in favour of the applicant-complainant. On presentation the cheque was returned by the Bank unpaid with the remark that the signature of the drawer do not tally with his specimen signature available with the Bank. As per advise of the respondent-accused, the complainant re-presented the cheque with the Bank, but the same was again returned unpaid with the similar remark. A demand notice as required by clause (b) of proviso to section 138 of the Act was served on the respondent but the amount still remained unpaid. The complainant, therefore, filed complaint, before the Magistrate alleging commission of offence u/s. 138 of the Act by the respondent-accused. The learned Magistrate after recording evidence u/Ss. 200 and 202 CrPC took cognizance of the offence against the respondent