RIYA ELECTRONICS Vs. THE STATE OF U.P.

JUDGEMENT

(1.) This petition has been filed by the accused in complaint Case No. 164/08 New Modern Machinery Store v/s. Riya Electronics against the order dated 30.08.2008 passed by learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2, Unnao. By the impugned judgment and order, learned Magistrate had summoned the accused person -Petitioner to face the trial for the offence under Sec. 138 Negotiable Instruments Act.

(2.) Heard learned Counsel for the applicant -Petitioner as well as learned Additional Government Advocate and perused the record.

(3.) Notice was issued to the Respondent No. 2 who put in his appearance and sought time to file counter affidavit, but no counter affidavit has been filed in the matter. No one is also present on behalf of the Respondent No. 2.