1. This revision is directed against the order dated 28.5.2010 passed in Criminal Revision No. 27/2010 by the Fourth Additional Session Judge (ET.C.), Raigarh. By the impugned order the learned Session Judge has directed the trial Court to take evidence of the parties on the preliminary objection taken by the respondent accused in a complaint u/s 138 of the Negotiable Instruments Act, 1881 pleading that the complaint itself was not maintainable, and to decide the same after taking evidence of both the parties at preliminary stage.

2. The facts, briefly stated, are as under :

A complaint u/s 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the N.I. Act or N.I. Act, 1881) was filed by the applicant. This came to be registered as Criminal Case No. 761 2008 of the Court of Judicial Magistrate, First Class, Raigarh. After the notice, the respondent took an objection by filing an application u/s 142 of the N.I. Act and prayed for dismissal of the complaint. The learned trial Judge dismissed the above application. This order was challenged in Criminal Revision by the respondent. The Session Court took the view that for deciding the objection raised by the respond