Pradeep Nandrajog, J.

1. Gajraj Jain is aggrieved by the order dated 13.7.2004 passed by the learned Metropolitan Magistrate summoning him to face trial as an accused for the offence under Section 420 read with Section 34 of the Indian Penal Code in a complaint filed by Sh. K.K. Gupta as karta of K.K. Gupta & Sons (HUF).

2. The complainant alleged that for the reasons stated in the complaint offence under Section 406, 409 and 420 of the Indian Penal Code were made out. However, as noted above, learned Metropolitan Magistrate has summoned the accused persons to face trial only in respect of the offence under Section 420 IPC.

3. In his complaint, K.K. Gupta has stated that Hilton Rubbers Ltd. was a Private Ltd. Company and had invited deposits from public for a period of one year. That as karta of the HUF he had submitted the necessary application for making the deposit enclosing therewith Cheque No. 299424 dated 24.12.1997 in sum of Rs. 7,50,000/-. The company encash the cheque and accepted his application on 31.12.1997 with retrospective date i.e. 27.12.1997. That due date of maturity was 27.12.1998. The amount was refundable on maturity in sum of Rs. 8,70,750/-. When date