V.S.Aggarwal, J.

1. Bhagat Ram-petitioner had filed a complaint that respondent-Subhash had sold poplar trees for Rs. 1,37,880/- out of which Rs. 30,500/- were paid. For the balance amount, two cheques of Rs. 25,000/- were given in favour of the petitioner. One cheque was encashed, while the other cheque dated 4.8.1989 was dishonoured on 21.8.1989. No complaint was filed in that regard. The respondent is alleged to have approached the petitioner and demanded sometime to deposit the amount in the Bank so that the cheque would be encashed. After waiting for sometime, the petitioner presented the cheque for encashment but it was dishonoured on 15.1.1990. After serving the notice on 30.1.1990, the criminal complaint was filed.

2. The learned Chief Judicial Magistrate, Ropar, summoned the respondent with respect to the offence punishable under Section 138 of the Negotiable Instruments Act, 1981. Respondent-Bhagat Ram, filed a revision petition. The learned Additional Sessions Judge, Ropar on 28.9.1992 accepted the revision petition and set aside the order passed by the learned Chief Judicial Magistrate holding that the complaint was not competent.

3. Aggrieved by the said judgme