N.K. Mody, J.—Being aggrieved by the order dated 10.9.2008 passed by JMFC, Ujjain in criminal case No.12504/06 whereby the application filed by the respondent for amendment in the complaint was allowed, the present petition has been filed.

2. Short facts of the case are that respondent filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioners on 1.7.2005 wherein it was alleged that on account of commercial transaction between the petitioners and respondent, petitioner No. 1 issued a cheque of Rs.1,00,000 on 23.5.2005 bearing cheque No.739944 of State Bank of Indore and another cheque of Rs. 5,00,000 bearing cheque No. 739949 was issued on 15.3.2005. It was alleged that upon presentation, the cheque was not cleared and amount was not paid in spite of notice, hence the petitioners committed an offence which is punishable under Section 138 of the Negotiable Instruments Act (which shall be referred hereinafter as the “N.I. Act”). In support of complaint, an affidavit of respondent was also filed.

3. After taking cognizance the notices were issued to the petitioners. After framing of charge, the case was fixed for recording of evidence. Responde