1. This revision, filed under Section 397 read with Section 401 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 07. 07. 2000, passed by Session Judge, Udham Singh Nagar, in Criminal Revi sion No. 2153/2000 whereby the Said court allowed the revision filed by the accused / respondent no. 2 Mahendra Kumar Agarwal, setting aside the order dated 01. 08. 1998, passed by Additional Chief Judicial Magistrate, Kashipur, re jecting the objection / protest petition of the accused in Criminal Complaint Case No. 692 of 1997, relating to offence pun ishable under Section 138 of Negotiable Instruments Act, 1881.

2. Heard learned counsel for the parties.

3. Brief facts of the case are that a criminal complaint (Case No. 692 of 1997) was filed by the present revision- " ist Ashok Kumar Agarwal against ac cused / respondent no. 2 Mahendra Kumar Agarwal alleging that accused Mahendra Kumar Agarwal, Smt. Uma Agarwal and Darpan Agarwal, who are members of the same family running a partnership business in the name and style of M/s Agarwal Auto Traders. Com plainant had good relations with said family and the accused Mahendra Kumar Agarwal sough