JUDGMENT :

B.P. Ray, J. - The petitioner which is a Company incorporated under the Companies Act, 1956 has challenged the order dated 29.03.2003 passed by the learned S.D.J.M., Bhubaneswar in I.C.C. No. 154 of 2002 and has sought for quashing of the same holding that the Criminal complaint as per the grounds on the basis of the facts of the case is not maintainable against the accused persons and also has prayed for dismissal of the said petition.

2. The petitioner-company had a long standing transactional agreement with the opp.party No.1. The above mentioned complaint was filed u/s. 138, N.I. Act by the opp.party No.1 because of non-payment of 9 (nine) numbers of cheque by the Banker due to "insufficiency of funds". The learned S.D.J.M. after taking cognizance issued summons to the accused persons for their appearance.

3. The petitioner filed an application before the learned S.D.J.M. for recall of the order of cognizance as the petitioner-Company was declared sick by the Board for Industrial and Financial Reconstruction (in short, "BIFR") Court and the restrictions were imposed under Sections 22 & 22(a) of the Sick Industrial Company (Special Provisions) Act, 1985. The petitioner's