JUDGMENT :

Prakash Singh, J.

1. Heard Sri Rama Pati Shukla, learned counsel for the applicant/appellant, Sri Anirudh Kumar Singh, learned A.G.A.-I for the State, and perused the record.

2. This application has been filed with the prayer to grant Special Leave to Appeal, which is sought to be preferred against the order dated 23rd of December 2021 passed by the Additional Court, Faizabad whereby the Complaint Case No. 222 of 2021 filed by the complainant under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the N.I. Act'), Police Station Kotwali Ayodhya, District Faizabad was rejected.

3. Learned counsel for the applicant submits that legal question is involved in the matter as to whether the Magistrate, while invoking the provision under Section 138 and 143 of the N.I. Act can proceed matter as a summon trial. Further whether Section 256 of the Indian Penal Code can be invoked without assigning reasons while proceeding with the summary trial under Section 143 of the N.I. Act.

4. Learned counsel for the applicant submits that the Court cannot proceed under Section 256 as the order impugned dated 23rd of December 2021 has been passed invoking the juri