(1.) The respondent has filed a private complaint under Sec. 200 of Cr.P.C. for the offence punishable under Sec. 138 of Negotiable Instruments Act, alleging that the cheque which was issued by accused No.1 towards legal enforceable debt when presented for realisation was dishonoured for want of funds.
(2.) The learned Magistrate after recording the sworn statement took cognizance of the aforesaid offence and issued summons to the petitioner-accused No.3. Taking exception of the same, petitioner-accused No.3 is before this Court.
(3.) Learned counsel appearing for the petitioner- accused No.3 makes the following submissions: