1. This is a revision filed by the accused against whom a private complaint was filed u/s. 420 I.P.C. and S.138 of the Negotiable Instruments Act (hereinafter referred to as the Act), challenging taking cognizance of the offence by the learned Judicial Magistrate of First Class, Hoshangabad by his order dated 9-10-91 in Cr. Case No. 141/1991.

2. The learned counsel for the applicant vehemently argued that the order of the learned Magistrate does not disclose the date of the cheque the amount for which the cheque was issued, the date on which the cause of action has arisen and hence such a cryptic order is liable to be set aside.

3. The learned counsel for the non - applicant complainant, on the other hand, submitted that the applicant had issued a cheque for Rs. 3,08,275.00 on 14th February, 1991; that when the cheque was presented to the Central Bank of India, Hoshangabad Branch, it was returned on 30-3-1991 with the endorsement 'referred to drawer' : that thereupon the non - applicant gave a notice to the Applicant, as required under S.138 proviso (b) of the Act demanding payment of the amount covered by the cheque and that having waited for 15 days after issue of the notice and