KAUSHAL KUMAR Vs. CHANDRAHASINI ROAD CARRIER AND ORS.

JUDGEMENT

(1.) The complainant-Kaushal Kumar filed a criminal complaint for commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called as "NI Act") against the non-applicants herein before the Chief Judicial Magistrate, Raigarh. The Chief Judicial Magistrate, Raigarh, after hearing the complainant and haying found prima facie case under Section 138 of NI Act, issued summons to the non-applicants for their appearance before the said Court.

(2.) The non-applicants herein without appearing before the Chief Judicial Magistrate, Raigarh, straightway filed a criminal revision challenging order taking cognizance of offence and summoning them before the Court of Session, on 25-9-2008 contending inter alia that the order taking cognizance dated 21-1-2008 is unsustainable and bad in law.

(3.) Learned Additional Sessions Judge, by order impugned dated 15-7-2009 set aside the order of Chief Judicial Magistrate, Raigarh, taking cognizance, and allowed the revision finding inter alia :--