JUDGMENT :

(Karunesh Singh Pawar, J.)

1. Heard Shri Shiv Sagar Singh learned counsel for the petitioner as well as learned A.G.A. for the State.

2. Notices to respondent no. 2 are dispensed with.

3. Through this petition, the petitioner has challenged the impugned order dated 11.10.2021 passed by the Presiding Officer, Additional Court, Saharanpur in complaint case No. 877 of 2018 (Praveen Singh Vs. Man Singh), under Section 138 of N.I. Act, P.S. Sadar Bazar, District Saharanpur whereby the petitioner has been summoned for facing trail for an offence under Section 138 N.I. Act with regard to dishonor of alleged cheque dated 28.03.2018.

4. Brief facts of the case are that in order to discharge a legal recoverable debt or liability a cheque No. 004565 dated 28.03.2018 to the tune of Rs. 1,00,000/- was issued in favour of the complainant by the accused, the cheque was presented by the complainant in his bank account No. 3463556822, Central Bank of India, Naveen Nagar, Saharanpur for encashment. The cheque was returned back unpaid with an endorsement of the bank that payment stopped by the drawer. Again the cheque was presented by the complainant in his bank for encashment in his account