JUDGMENT 1. - This criminal misc. petition is directed against the order dated 20.5.2005 passed by Judicial Magistrate No. 3, Jodhpur (for short 'the Trial Court' hereinafter) taking cognizance of offence under section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act' hereinafter). 2. Heard learned counsel for the parties. Perused the order impugned. 3. On a complaint filed by respondent No. 2 under section 138 of the Act on the ground that the cheque issued by the petitioner in favour of respondent No. 2 on being presented to the bank, returned unpaid and dishonoured. Thereafter, a notice demanding cheque amount was given to the petitioner within a statutory period. The petitioner having failed to pay the cheque amount, a cause of action arose and a complaint has been filed. Learned counsel has placed on record a complaint, copy of cheque, return memo of bank, notice etc. 4. On perusal of the complaint and documents annexed thereto, the Trial Court took the cognizance and accusations were read over to the petitioner and complainant respondent No. 2 made statement on oath before the Trial I Court. He was subjected to cross-examination by the petitioner. The petitioner I made statement under section 313 Cr.P.C. and the matter is fixed for defence evidence. 5. Section 142 of the Act provide as under:- "(a) no Court shall take cognizance of an offence punishable under Section 138 except upon a complaint, in writing, made by the payee, or, as the case may be, the holder in due course of the cheque; (b) such complaint is made withing one month of the date on which the cause-of-action arises under Clause (c) of the proviso to Section 138: [Provided that the cognizance of a complaint may be taken by the Court after t he prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.] (c) No Court inferior to that of Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under section 138." 6. Thus, from bare perusal of section 142 of the Act, it is clear that to take cognizance whatsoever the requirement is that there has to be a complaint in writing made by the payee or, as the case may be, the holder in due course of the cheque. Thus, from bare perusal of section 142 of the Act, it is clear that to take cognizance whatsoever the requirement is that there has to be a complaint in writing made by the payee or, as the case may be, the holder in due course of the cheque. In the instant case, this condition justified in taking cognizance and proceeding with the trail of the case, which is at the fag end now. In the circumstances, therefore, no case for interference is made out. 7. The petition is, therefore, dismissed.Petition dismissed. *******