1. The basis issues which involved in this case are :-

(i) Whether the complaint dated 13.12.2007 (Annexure P-4) filed under Section 138 of the Negotiable Instruments Act (for short “the N.I. Act”) by respondent against the petitioner is not maintainable in law inasmuch as, it is pleaded, that the same is based upon the dishonor of a cheque which was issued by petitioner No.2 in lieu of a debt which was not legally recoverable as alleged at the time of issuance of the said cheque?

(ii) Whether the summoning order is sustainable in the facts of this case in view of the judgment of Apex Court delivered in Special Leave to Appeal being SLP (Crl.)1785/2001 decided on 10.9.2001?

2. This petition has been filed by the accused persons who were summoned to face the trial in this case of a charge under Section 138/141 of the N.I. Act vide order dated 21.01.2008, which order was passed by the trial court taking note of the averments made in the complaint which was filed in support of the complaint. The same reads as under:-

Complainant examined by way of affidavit. Documents filed along with complaint perused. Material on record prima facie discloses commissionof an of