I.A. Ansari, J.

1. By the impugned order dated 30.10.2003, passed in Complaint Case No. 26/2003, the learned Chief Judicial Magistrate, Sonitpur, Tezpur, while taking cognizance of offences under Section 138read with Section 142 of the Negotiable Instruments Act (hereinafter referred to as "the NI Act") against the accused-petitioner and one Pawan Kumar More, directed issuance of summons to the accused-petitioner. With the help of the revision present, the petitioner, who is an accused in the said Complaint Case, has sought for setting aside the impugned order and also for quashing the entire proceeding of the Complaint Case No. 26/2003 aforementioned.

2. I have heard Mr. P Bora, learned counsel for the accused-petitioner, and Mr. JM Choudhury, learned senior counsel, assisted by Mr. BM Choudhury, learned counsel for the opposite party. I have also heard Mr. FH Laskar, learned Additional Public Prosecutor, Assam.

3. The material facts, as emerge from the record, and the various stages, which have led to the present revision, may, in brief, be set out as follows:

(i) The opposite party herein, namely, Vimal Kumar Todi, a partner of M/s Sunrise Traders, instituted the Complaint C