ORDER :

This criminal revision under section 397 read with section 401 of Criminal Procedure Code has been filed by the accused-applicants being aggrieved by the judgment dated 7-7-2018 passed by the Special Sessions Judge, Bhopal District Bhopal in CRA No. 661/2015 whereby the Court below has remanded the case to the JMFC, Bhopal for taking evidence to prove the return memo Ex. P/3.

2. It is not in dispute that Cheque No. 731089 dated 15-6-2012 issued by the applicants was dishonored due to “stop payment” by the applicant. It is also not in dispute that, notice dated 6-8-2012 has been received by the applicants for the offence punishable under section 138 of Negotiable Instruments Act.

3. Respondent’s case is that he is the owner of truck and heavy vehicles and leased them on rent. Some trucks are also attached with companies. In February, 2011, applicant No. 1 came to the respondent’s house and proposed him that a petrol pump is allotted to him. But due to shortage of funds, he proposed to make respondent to be a partner for investment. Respondent denied to become a partner, hence, applicant No. 1 requested for some money from respondent to purchase petrol and diesel. Thereafter, re