P.K.Jain, J.

1. This petition has been filed under Section 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), against the order dated August 10, 1994, passed by the Additional Sessions Judge, Jalandhar, whereby the order dated July 28, 1992, passed by the Judicial Magistrate, Jalandhar, summoning the respondent to face trial for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") in a complaint case, has been reversed and the complaint dismissed.

2. The necessary facts for the disposal of this petition are that the petitioner-company advanced a loan of Rs. 12,000 to the respondent for the purchase of a Bajaj Chetak scooter. To repay the said loan, the respondent is stated to have issued a cheque dated October 29, 1991, for the said amount, which, on presentation to the bank, was dishonoured with the remarks : (i) refer to drawer, and (ii) signatures do not tally. After serving the legal notice, a complaint under Section 138 of the Act was filed by the petitioner against the respondent in the court of the Judicial Magistrate, Jalandhar. In support of the said complaint, the petitioner-company