JUDGMENT :

Ravindra Maithani, J.

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) has been filed against the order dated 06.05.2010, passed in Criminal Case No. 3378 of 2009, M/s Hindustan Sales Haldwani vs. Rakesh Arora proprietor/partner-Jitendra brothers by the Court of Additional Chief Judicial Magistrate, Haldwani, District Nainital (this case shall hereinafter referred to as ‘the case’). By the impugned Order, an application filed under Section 319 of the Code, filed by the respondent has been allowed and the petitioner no. 2 Jitendra Arora has been summoned to face trial under Section 138 of the Negotiable Instruments Act, 1881 (for short ‘the Act’).

2. The facts necessary to resolve the controversy briefly stated are as hereunder:

Respondent filed a complaint under Section 138 of the Act against petitioner no. 1 and proceedings of the case was instituted. After the inquiry under Section 200 of the Code, by an order dated 7.3.2003, petitioner no. 1 was summoned to face the trial under Section 138 of the Act. Proceedings of the case continued. After the evidence of the respondent was concluded, petitioner no