Surendra Vikrarm Singh Rathore, J. - (1.) We have heard learned counsel for the petitioner, learned A.G.A. and perused the material available on record.
(2.) The instant writ petition has been filed challenging the order dated 18.09.2006 passed by the learned Sessions Judge/F.T.C.-1, Sultanpur and also the order dated 06.03.2006 whereby the petitioner was summoned to face trial for the offence under Section 138 Negotiable Instrument Act and also the order of revisional court dated 18.09.2002 in Criminal Revision No.306 of 2006 whereby the revision was also dismissed.
(3.) Facts necessary for the disposal of the instant petition in brief are that the complainant was dealing in the business of building material and he had supplied building material to the petitioner who was the Director Rajiv Gandhi Institute of Waste Land and Rural Development, Sultanpur. He issued two cheques of Rs. 45,000/- each drawn at Canara Bank, Sultanpur. The said cheques were deposited by the petitioner in his account in Bank of Baroda, Civil Line Branch, Sultanpur but the same were returned with the report of insufficiency of fund. Thereafter notice dated 01.11.2004 was sent by registered post but no payment was made. So on 01.12.2004 the complaint was filed and alongwith the complaint the original cheque, memo sent by the Bank and copy of notice was also filed. Complainant got himself examined under Section 200 Cr.P.C. and on the basis of the such evidence, the petitioner was summoned to face trial under Section 138 Negotiable Instrument Act. Feeling aggrieved thereby the petitioner preferred criminal revision and he also failed to get favour from the revisional court.;