JUDGMENT Shree Chandrashekhar, J. - The petitioner is aggrieved of the order taking cognizance dated 13.07.2017 by which cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 has been taken in Complaint Case No. 1479 of 2016. 2. Briefly stated, the petitioner has asserted that O.P. No. 2 issued a written demand through legal notice dated 07.09.2016, a perusal of which would indicate that cheque no. 5858 was issued for dishonour of which cognizance has been taken by the Court. In paragraph no. 11 of this petition, he has asserted that he has neither issued cheque bearing nos. 5858 and 8587 nor these cheques have been dishonoured. 3. On the above stand of the petitioner, it needs to be recorded that impugned order dated 13.07.2017 records that the cheque bearing no. 8587 dated 05.08.2016 for Rs. 7 lacs was dishonoured due to instruction of stop-payment by the accused-petitioner whereupon legal notice dated 07.09.2016 was issued to the petitioner. 4. Section 142 of the Negotiable Instruments Act, 1881 provides that if a complaint is made within one month on which cause of action has arisen, on the written complaint made by the payee, or as the case may be, the holder in due course of the cheque the court shall take cognizance of the offence under the Act. In the face of the finding recorded by the trial court in its order dated 13.07.2017, the defence sought to be put forward by the petitioner cannot be accepted. Under the Negotiable Instruments Act, 1881 once a cheque is issued a presumption has been raised under section 139 that it has been issued in lieu of or discharge of the legal debt. 5. In view of the above, finding no infirmity in the impugned order dated 13.07.2017, Cr. M. P. No. 809 of 2018 is dismissed, however, with liberty to the petitioner to avail remedy as available to him in law, including the one of filing the discharge petition at the appropriate stage.