Hon’ble J.J. Munir, J.—The applicant Alok Rajgardia is the drawer of a bounced cheque and has been summoned by the learned XIIIth Additional Chief Judicial Magistrate, Room No. 46, Agra vide order dated 29.4.2004 to stand his trial for an offence punishable under Section 138 Negotiable Instruments Act.

2. The aforesaid order has been passed in Complaint Case No. 3020 of 2004 (M/S. S.E. Investments Limited v. Radhika Automobiles Pvt. Ltd. and others) and hereinafter is referred to as the impugned order; the complaint giving rise to Complaint Case No. 3020 of 2004 last mentioned is hereinafter referred to as the ‘Complaint’. Alok Rajgardia is hereinafter referred to as the ‘Drawer’ whereas the M/S. S.E. Investments Limited-opposite party No. 2 is hereinafter referred to as the “Payee’.

3. That facts material on the basis of which the Complaint was laid by the Payee are that the Payee are a duly incorporated company engaged in the business of financing purchase of motor vehicles, consumer durables and machinery on hire purchase secured by hypothecation. On 10.2.2000, the Drawer alongwith his brother Ashok Rajgardia and father K.L. Rajgardia and Vikas Nahar came to the office o