I.P. Singh. J. - This is an application under Sections 397 and 401 of the Code of Criminal Procedure, 1973, (in short 'the Code'). It is directed against the order dated 21-8-1995 passed by Shri Sheo Bachan Yadav, Judicial Magistrate, Patna in Tr. No. 681/93/324/95 by which in exercise of his powers under Section 319 of the Code he summoned the petitioner to face the trial for the offence under Section 138 of the Negotiable Instruments Act. 1881 (in short the Act).

2. From the application, it appears that Opposite Party No.2 Deojit Basu, a partner of Ashok Transport Agency, filed a complaint-petition before the Chief Judicial Magistrate, Patna against one Ashok Kumar Singh. The learned Chief Judicial Magistrate after registering the complaint transferred the same under Section 192 of the Code to the Court of the learned Judicial Magistrate named above. The allegation made in this complaint-petition was under Section 420 of the Indian Penal Code and 138 of the said Act. It was alleged that accused Ashok Kumar Singh who was the proprietor of M/s Vaishali Tyres, Jhumri Tilaiya pursuant to an agreement between him and the complainant used to send the consignment of goods to the