Dilip Raosaheb Deshmukh, J.—In this revision, the order dated 19.7.2006 passed by Shri G.K. Mishra, Additional Sessions Judge, Korba (hereinafter referred to as ‘the ASJ’) in Criminal Revision No. 6/06 is under challenge, whereby the order dated 21-02-2006 passed by the Judicial Magistrate First Class, Korba rejecting the objection as to the maintainability of the complaint filed by the applicant herein under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the Act’) was reversed.

2. Brief facts are that during commercial transactions, to satisfy a legally enforceable debt, Cheque No.154749 dated 9.4.2003 drawn by the non-applicant on Indira Priyadarshini Mahila Nagrik Sahakari Bank Limited, Press Complex, Sadar Bazar, Raipur (C.G.) for a sum of Rs. 5,00,000 was given to the applicant which was presented by the applicant to his banker, i.e., the Bank of India, Branch Korba (hereinafter referred to as ‘the Bank’). On 23.8.2003, the applicant received information from the Bank that the aforesaid cheque had bounced due to lack of sufficient balance in the account of the non-applicant.

3. Upon receipt of such information from the Bank, the non-app