C.R. Sarma, J.

1. This criminal petition, filed under Section 482 Cr.P.C. read with Article 227 of the constitution of India, is directed against the order, dated 07.06.2012, passed by the learned Sub-Divisional Judicial Magistrate (Sadar), Sivasagar, in CR Case No. 158/2010, whereby the learned SDJM(S), while reviewing the order, dated 29.05.2012, passed by him, under Section 256 Cr.P.C., set aside the order of acquittal passed in favour of the accused person, hereinafter called the petitioner and restored the complaint aforesaid to file.

I have heard Mr. K. Agarwal, learned Counsel, appearing for the petitioner and Mr. P.K. Sharma, learned Counsel, appearing for the respondents. The respondents, as complainant, filed a complaint case under Section 138 of the Negotiable Instrument Act, 1881 (In short, N.I. Act), against the petitioner and the learned SDJM, after taking cognizance of the offence under Section 138 of the N.I. Act, issued summons to the petitioner. On his appearance, the particulars of offence was explained on 21.01.2011, to which the petitioner pleaded not guilty and the case was posted for evidence. On 29.05.2012 i.e. the date fixed for evidence, the complain