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Manoj Misra
Santosh Kumar Prop. Vaishya Medical Agencies – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Syed Wajid Ali, Advocate.
For the Respondent:Govt. Advocate.

JUDGMENT

Manoj Misra, J.—Heard learned counsel for the petitioner and learned A.G.A for the State.

2. By this writ petition, the petitioner has challenged the order dated 25.8.2012 passed by the Additional District and Sessions Judge, Temporary, (Ex Cadre-1), Court No.14, Gorakhpur in Criminal Revision No. 281 of 2011 as also the summoning order dated 10.4.2009 passed by the Judicial Magistrate-I, Gorakhpur in Complaint Case No.1295 of 2008 whereby the revisionist has been summoned under Section 138 of the N.I. Act.

3. The facts, as they appear on record, are that the opposite party No.2 filed a complaint on 17.9.2008 against the petitioner under Section 138 of the N.I. Act. In the complaint it was alleged that a cheque dated 19.7.2008 for Rs.12,03,926.00 on Punjab National Bank, Bank Road Branch, Gorakhpur issued in favour of the complainant by the petitioner in lieu of supplies made by the complainant against various invoices detailed in complaint, returned unpaid. It was alleged that the cheque was deposited for collection with Syndicate Bank, Gorakhpur and it was returned by the Punjab National Bank, Bank Road, Gorakhpur on 21.7.2008 with the remark “Exceed Arrangement”. The inf










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