( 1 ) THIS revision petition is directed against an order of the Additional Sessions Judge dated 21. 3. 2002 whereby he has rejected an application of the petitioner for recalling the summoning order and discharging the petitioner in a criminal complaint instituted by the respondent for his prosecution for offence under Section 138 of the Negotiable Instrument Act (in short the Act ).

( 2 ) THE contention of counsel for petitioner is that petitioner no. 2 Abha Gorawara is the sole proprietoress of petitioner no. 1 concern and that the cheque which is the foundation for launching prosecution under Section 138 of the Act does not bear her signature. It is further contended that even otherwise Sharad Gorawara and Puneet Gorawara with whom the respondent had dealings have already repaid Rs. 25,00000/- to the complainant.

( 3 ) THE respondent sought prosecution of the two petitioners for commission of offence under Section 138 of the Act on the averment that in September, 1996 sharad Gorawara and Puneet Gorawara, partners of M/s gorawara and Co. , share broker in Delhi Stock Exchange, and also Directors of M/s Gorawara Financial Services pvt. Ltd. , offered to arrange in