O R D E R

The complainant in C.C.No.260/00 on the file of the Chief Judicial Magistrate, Kottayam, is the petitioner herein.

2. The complaint was originally filed under Section 142 of the Negotiable Instruments Act, 1881 {for short 'the Act'}, alleging that the cheque issued by the accused in discharge of a liability was dishonoured due to insufficiency of funds and that therefore, the accused has committed the offence under Section 138 of the Act.

3. Finding that no notice was served on the accused, the court below declined to take cognizance of the offence under Section 138 of the Act, but nevertheless took cognizance under Section 420 of the Indian Penal Code . It is now stated, across the Bar, that the complainant had preferred a revision against the order of the trial court declining to take cognizance of the offence under of the Act, before the concerned Sessions Court. The details of the same are not available. Therefore, I do not propose to express any opinion as regards the said contention or on the said aspect.

4. After having taken cognizance of the offence under Section 420 of the Indian Penal Code , the case was taken on file, though originally it was transferred to t