Judgment This petition is filed, seeking for a direction to call for the records in C.C.No.207 of 2004 pending on the file of Judicial Magistrate No.I, Salem, Salem District and quash the same. 2. The petitioner is an accused for the offence punishable under Sec.138 of Negotiable Instruments Act. 3. The learned counsel for the petitioner submits that before filing of the private complaint, two legal notices were issued, one dated 112. 2003 and another dated 1. 2004. The notice dated 1. 2004 has only been taken into account and limitation has been calculated and in the result, private complaint has been filed before the learned Magistrate. If it is calculated from 112. 2003, the complaint preferred before the learned Magistrate is barred by limitation and therefore, seeks to quash the proceedings. 4. Per contra, the learned counsel for the respondent/complainant submits that the 1st notice dated 112. 2003 has been forwarded to a wrong address and realising the mistake, 2nd notice dated 1. 2004 has been despatched. In fact, no acknowledgement has been received for the 1st notice and under such circumstances, the notice dated 1. 2004, which is mentioned in the complaint, was taken into account, since acknowledgement has been received for the 2nd notice. 5. I have perused the materials available on record. Acknowledgement has been received by the complainant only for the notice dated 1. 2004 and based on such acknowledgement private notice has been preferred before the learned Magistrate. To accept the plea raised by the learned counsel for the petitioner, the cover of the legal notice dated 112. 2003 was not produced. 6. Under such circumstances, I am of the considered view that it must be presumed that the notice dated 1. 2004 is the statutory notice and the cognizance taken by the learned Magistrate based on such notice cannot be questioned. However, the petitioner is at liberty to produce the postal acknowledgement for the notice dated 112. 2003 before the trial court and may agitate the point of limitation if he is so advised. 7. With the above observation, the petition is disposed of. Consequently the connected M.P is closed.