B.C. Kandpal, J.—The present revision has been preferred against the Judgment and Order dated 17-08-2004 passed by the Sessions Judge, Udham Singh Nagar in criminal revision No. 11/2004 by which the learned Sessions Judge, set aside the Order dated 9-2-2004 passed by the Chief Judicial Magistrate, Udham Singh Nagar and allowed the revision.

2. The brief facts of the case giving rise to the present revision are that one Kishan Lal (respondent no. 4 in this revision) filed a complaint against the present revisionist Rajpal Singh u/s 138 Negotiable Instrument Act stating therein that Rajpal Singh took an amount of Rs. 1,57,650/- as loan. Thereafter when Rajpal Singh issued three cheques pertaining to U.K. Bank to the complainant then the same cheques returned to the complainant from the bank after being dishonoured.

3. Complainant thereafter issued notice to Rajpal Singh but Rajpal Singh refused to accept notice, hence the complaint. The court summoned the accused Rajpal Singh to face the trial.

4. Both the parties adduced their evidence and the defence evidence of Rajpal Singh was also concluded, thereafter the case listed for final argument.

5. Rajpal Singh at the stage of