( 1 ) REVISIONIST, the original accused person in Criminal Case No. 1683 of 1996 pending in the court of learned JMFC, Gandevi, has called into question the order dated 22. 1. 1998 made below her application for discharge under section 258 of the Code of Criminal Procedure, 1973 (for short, "the Code" ). It was contended in the application for discharge that the petitioner herein had given a post dated cheque against the promise of execution of a document of sale of immoveable property and upon failure of the complainant to execute the documents, the petitioner had stopped payment of the cheque in question. Thus, despite the clear understanding and instruction to the original complainant not to present the cheque for realization, the cheque having been presented and dishonoured, the petitioner had prayed for an order of discharge. The trial court, after consideration of the contentions of the parties, observed that there was a prima facie case for proceeding with the summons triable case under section 138 of the Negotiable Instruments Act, 1881 and since there was no reason to drop the proceedings, the application was rejected by the impugned order. Learned counsel for the petition

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