Aggrieved by the order dated 25-4-2005 passed by Additional Sessions Judge, Court No. 1, Muzaffarnagar in Criminal Revision No. 146 of 2004, Sanjay Kumar Dixit v. Sugandha Steel and others, the revisionist has filed the present revision. By the impugned order dated 25-4-2005 the Lower Revisional Court had allowed the revision filed by Sanjay Kumar Dixit, complainant and had set aside the order dated 5-2-2004 passed by Additional Chief Judicial Magistrate, Ist Muzaffarnagar in Criminal Complaint Case No. 282/9 of 2002. By the order dated 5-2-2004 Additional Chief Judicial Magistrate, Ist Muzaffarnagar has dismissed in default the complaint of Sanjay Kumar Dixit complainant under Section 138 of the N.I. Act. The grievance of the present revisionist Vinay Kumar in the instant revision is that the order passed by the Lower Revisional Court is contrary to the provision of Section 256, Cr.P.C. and therefore, should be set aside. Before examining the said contention of Sri Dharmen-dra Singhal, learned counsel for the revisionist the resume of facts are referred to below.

2. Respondent No. 2, Sanjay Kumar Dixit filed Complaint Case No. 282/09 of 2002 in the Court of Additional Chie